WEIRTON CITY COUNCIL
COUNCIL MEETING - REGULAR
MONDAY, FEBRUARY 11, 2008 7:00 P. M.
A regular meeting of the Common Council of the City of Weirton, Hancock and Brooke Counties, West Virginia was held on Monday, February 11, 2008 at 7:00 P.M. in Council Chambers of the Weirton City Building.
Mayor Harris called the meeting to order.
Councilmembers in Attendance: George Ash Councilmember Ward 4 Ronnie Jones Councilmember Ward 1 Fred Marsh Councilmember Ward 3 Harold Miller Councilmember Ward 2 David Dalrymple Councilmember Ward 6 Max Fijewski Councilmember Ward 7 George Kondik Councilmember Ward 5
City Officials in Attendance: John Brown Public Works Director Gary DuFour City Manager Vincent Gurrera City Attorney Mark Lowe Weirton Fire Department, Acting Chief Thomas J. Maher, Jr. City Clerk Bruce Marshall Police Chief A. D. Mastrantoni Utilities Director Jim McHenry UDO Administrator Debbie Swanson Interim Finance Director Rik Rekowski Mary H. Weir Library Director Rod Rosnick Chief Code Official Terry Weigel Public Works Director
Others in Attendance: Gio Rossi Media - Weirton Daily Times
Mayor Harris led the Pledge of Allegiance.
APPROVAL OF MINUTES
A motion was made by Councilmember Ash and second by Councilmember Jones to approve the minutes of the: December 13, 2007 – Special Council MeetingJanuary 07, 2008 – Regular Council MeetingThe motion carried, 7/0.
MAYOR’S AWARDS AND PROCLAMATIONS
NONE
COMMUNICATIONS
Councilmember Kondik commented, “I’d like to acknowledge somebody in the audience.”
Mayor Harris commented, “Ok. Go ahead.”
Councilmember Kondik commented, “Steve. Do you want to stand up and identify yourself and tell City Council why you’re here?”
Mr. Eddy commented, “I’m Seth Eddy (sp). I have to sit through a City Council meeting for my merit badge for Boy Scouts for citizenship and community.”
Councilmember Kondik commented, “Thank you Seth.”
Mayor Harris commented, “Thank you. Any other communications?”
Councilmember Dalrymple commented, “Yea. I got one. Last week there was a tragedy out in Missouri I think we all are familiar with and it kind of touches a little close to home. I’d like for us to have a moment of silence for the public service and the elected officials of Kirkwood, Missouri who lost their lives on February 7th, and I’d also ask us to pray for a speedy recovery of the mayor and the journalist who was injured in the attack. If we could do that I’d really appreciate it.”
Mayor Harris commented, “Can we have a moment of silence please?”
Councilmember Dalrymple commented, “Thanks Mayor.”
Mayor Harris commented, “Thank you. Any other communications? At this time if the citizens and City Council can bear with me, I’m kind of sick this evening, so I might get a little mixed up.”
Mr. Maher commented, “We’ll begin Citizen Comments. Just to make note, there is a three minute time limit for Citizen Comments.
CITIZEN COMMENTS
Mr. Ed Zawatski 243 Colliers Way, Weirton, WV (Hancock County Schools): Re: Open Burning Ordinance Mr. Zawatski commented, “Good evening City Council members, Mayor and thank you for the opportunity to speak tonight. I’m here on behalf of support for the burning ordinance that’s up for a vote tonight. I’ve worked with Councilman Fijewski with this for the last several months, and I’ll tell you, it’s been a long heart fought battle. (Unintelligible) abuses of the many years that I lived in Weirton. This will be thirty years I’ve been here next month, and in the neighborhood I live in there are abuses beyond belief. (Unintelligible) City Council in front of me are aware of those abuses will be (unintelligible) this past summer. This has all culminated into the legislation or the ordinance you have before you tonight which I support wholeheartedly. And, it’s just astounding that we’ve got to come this, this point. I know there’s some, call it consternation on some of you in terms of whether or not this ordinance is going to take away the rights of the citizens to have open cookouts, barbeques, those kind of things, civic events. That’s not, that’s not true. This ordinance will stop the habitual abuse that has taken place over the many years in this City of unlawful citizens burning stuff that they admit (unintelligible), materials that emit these carcinogens, toxic fumes, noxious fumes, things we’ve been asked to endure month after month after month throughout the summer we have (unintelligible). And, this ordinance will hopefully put a stop to that. Tonight, you have a chance to vote on this. I’ve been in contact with Danny Balteri (sp). Councilman Fijewski knows exactly how to contact her office, so if you’re not familiar with Danny Balteri (sp), she is the state liaison officer for the Federal EPA out of Philadelphia. She covers our district in the State of West Virginia. And, I’ve contacted, been contacted by the state folks as well. After (unintelligible) this morning, I told her of the culmination of Councilman Fijewski’s efforts, and she commended the efforts of Councilman Fijewski and Vince Gurrera, the City Attorney, and Mayor Harris and Gary DuFour in all their efforts to get at least one, this one (unintelligible) issue, (unintelligible). The vote for this tonight will be in compliance with federal law. It’s important the City be in compliance with federal law by approving this tonight. And, quite frankly, she is very happy to see that it’s come to this point. There was a lot of concern and consternation on her part on worrying about how this was going to turn out. Her office has been taking a strong interest in this because of the human nature of this. Normally her office deals with issues that deal with large companies, corporations, usually along those line, but this issue with the City of Weirton took noteworthy, front burner, issue with her.
TIME EXPIRED
Mr. Zawatski commented, “My time is up.”
Mr. Maher commented, “Yes. If you will just finish up shortly.”
Mr. Zawatski commented, “All right. And, anyway she, she’s very happy to see things that have been accommodated at this point, and she’s hoping that the ordinance will be approved and passed unanimously and she wanted you to know that this is important to her. Federal and state policy, you guys are (unintelligible). (Unintelligible) federal policy on definitions exists in our state, titled 45-CSR-6 followed suit with that, and she needs (unintelligible) convey to you that approval of this will bring the City of Weirton in compliance with this. That’s a little (unintelligible), and I feel we have an excellent City Council here in the City of Weirton. I think you’re probably the best City Council we’ve had in many, many years. And, I told her, I said, I can’t get a (unintelligible) unless somebody would vote against this, because number one it’s going to either be one of the best things the City Council can do for all the citizens of Weirton, guaranteeing we have clean air to breath, stopping the abuse, but not taking away any of the rights the citizens have. Backdoor cookouts and barbecues, like I said is (unintelligible), would not stop or hinder the civic occurrences, for instance the kids when they have their bonfire…”
Mr. Maher commented, “Mr. Zawatski, you’re time limit is up.”
Mr. Zawatski commented, “Ok.”
Mr. Maher commented, “Ok. Thank you.”
Mr. Zawatski commented, “I thank you for your time I wish all of you will vote for this tonight for the citizens of Weirton and, and for us to bring this in compliance with federal and state law.”
Mayor Harris commented, “Thank you.”
Mr. Zawatski commented, “Thank you.”
Councilmember Fijewski commented, “Thanks Ed.”
Mr. Dale Moore 203 Kanawha Road, Weirton, WV: Re: Amending of Agenda Mr. Moore commented, “Good evening Council and Mayor. I’m here to request, there was a on your regular meeting on Tuesday, November 13th, on your agenda, there were positions to be filled on the Human Rights Commission and the Board of Zoning Appeals. During that meeting the agenda was amended to add for the filling of a vacancy on the Weirton Planning Commission. According to, and I made a question to the State Ethics Commission about amending the agenda during the meeting. And, I did get a response from Mr. Lewis Brewer, which I have given to the state, I’m sorry, the City Attorney and the City Manager stating that unless it was an emergency where the Planning Commission would not have a forum, that you can’t amend the agenda closer to two days to the meeting. So, I’ve already, I’ve asked in the past that you rescind that appointment now, now I’m, you can, what you can do, and since you have on tonight’s agenda, Appointment to the Weirton Planning Commission. The real concern here is any decision that the Planning Commission makes with this member on it can be challenged because his appointment was against the state code 6, section sub A, 9a 3, so any work the Planning Commission does with this appointment participating can then be challenged and thrown out because you have an illegally appointed member participating. But what you can do this evening, and this isn’t, this isn’t against the individual member. It’s about the process by which the member was appointed. You can actually now, you have an emergency situation. You will ask tonight to send items to Planning. You will deal with items from Planning that this member may have participated on that puts all Planning communications and decisions in jeopardy for this Council. So, you can add an emergency item to your agenda to rescind that appointment, and then at the end of the meeting, you can actually reappoint that position, because it is on your docket today. It is on your agenda today. But, it does leave the City at risk because of the illegal appointment to the Planning Commission by amending the agenda in a non-emergency situation. But, you can correct that this evening, and you can even reappoint the same individual, because it isn’t an issue of the individual that is an issue, but the process by which the individual was appointed to the Planning Commission. So, I’d like to ask that those steps be taken tonight. They can be completely taken tonight, because you do have Planning Commission appointment on your agenda tonight. I do believe that it would constitute and emergency addition because of the risk that the City is in because of decisions he may have participated in as a member of Planning, that people can challenge those decisions if they didn’t like them, and maybe invalidate them. And, I think that it would just allow for the work of the Planning Commission and the City to move forward without any risk…”
TIME EXPIRED
Mr. Moore commented, “…because of the inappropriate appointment that occurred in November.”
Mayor Harris commented, “Thank you.”
Mr. Ed W. Zawatski 243 Colliers Way, Weirton, WV: Re: Open Burning Ordinance Mr. Zawatski commented, “Good evening. My presentation will cover legal aspects of why the open burning ordinance must be passed, and specifically about how and why the City of Weirton is out of compliance with state and federal law. I’ll also try to cover some of the chemical compounds that are released into the air as a result of open burning and the resulting health impact on the human body. And, also I’ll try to cover the aspects of open wood boilers and how they present a hazard to your community. I can explain exactly how the City’s been out of compliance with West Virginia’s 45-CSR-6 at least since July of 2001. Paragraph 1.1c of that law says, ‘It is the intent of Director that all incorporated areas and other local government entities prohibit open burning and develop alternative methods for disposal of waste material. If such action is not taken any air basin, air quality control region or other such areas as (unintelligible) may designate, then such action may be taken by the director to assure compliance with air quality standards.’ And, there’s not interpretation here. It means exactly what it says. At 45-CSR-6 is also a federal law because in Section 110 of the United States Clean Air Act requires all states to submit state implementation plans to the EPA that provide for implementation and enforcement of National Ambient Air Quality Standards. 45-CSR-6 was first published in the Federal Register at Volume 68, Number 27, Pages 6627 through 6629, and approved by the EPA in 2003 as part of the West Virginia State Implementation Plan. This approval was codified in the Code of Federal Regulations at Title 40, Part 52, Section 2520, Subpart XX. And, once this happens it is enforceable on the EPA and says, and also citizens in Federal District Court have full force of federal law. Also, I checked other state implementation plans, other states all across the country, including the Virgin Islands and Puerto Rico, and they all share one common theme. If there’s an alternative method for disposal of waste, if there’s any impact at all, open burning is totally prohibited. Now, I have even discussed this with the United States EPA, and he said that for one time ceremonial events, they can get a permit if need be, the fire department must be on hand, and there has to be no impact to any residents. As far as the citizens burning within the city limits in West Virginia, that’s got to be stopped. It’s prohibited, period. Also, outdoor cooking is approved, but it must be in a grilling device, some kind of a grill or barbecue device, and it must use fuel as specifically designed for the preparation of food for human consumption. They cannot use any other vegetative material, non-vegetative material, nothing else but that specific fuel for that grill. Now, to understand the mentality rational of the law such as 45-CSR-6, I’m going to get into some of the chemicals that are released into the air and its health impact. Based on all the research I’ve done, I’ve gone through many studies from the EPA and many other state DEP standards. This is the result of the research that I found. Scientists working with the EPA have identified at least seventy-four different chemical compounds that are released into the air in wood smoke. Out of these seventy-four compounds, thirty-two of those are listed as hazardous air pollutants by the EPA, including formaldehyde and benzene. Hazardous air pollutants are defined as those which cause serious health problems or cancer. Substances in wood smoke can, of course, cause health effects such as…”
TIME EXPIRED
Mr. Zawatski commented, “…eye, nose, throat and lung irritation. They’re playing my song, huh.”
Mr. Maher commented, “Yes. Soon.”
Mr. Zawatski commented, “Also, substantial emissions of hazardous air pollutants were also found in open land clearing debris including benzene, toluene, ethyl-benzene, naphthalene and phenol. Open burning of leaves in particular releases a chemical into the air called benzyl-a-pyrene, which is a known carcinogen and is listed as a hazardous air pollutant. It’s also present in wood smoke and cigarette smoke. Also, they found hexa-benzyl-chlorine when you burn household trash. It’s a toxic substance which will degrade slow in the air and is a possible human carcinogen. They also found many other dangerous chemicals including arsenic, hydrogen cyanide and lead. The carbon monoxide was the common element in there. If you don’t mind, I could get into the outdoor wood boilers too real quick.”
Mr. Maher commented, “As a…”
Mr. Zawatski commented, “It’s also part of this ordinance too. It needs to be passed. It’s very important. There’s additional, this was brought back in November.”
Mr. Maher commented, “It’s at the pleasure of Council.”
Councilmember Fijewski commented, “Ed, I think we’re ok with that.”
Mr. Zawatski commented, “Ok. Thank you.”
Mr. Maher commented, “Thank you.”
Councilmember Fijewski commented, “Thank you.”
Mr. Jeff McCamic 48970 La-Janda, St. Clairsville, OH (Attorney): Re: Outdoor Wood Stoves Mr. McCamic commented, “Gentlemen, I’m here to speak on behalf of someone against the ordinance prohibiting installation and use of outside boilers, and I represent one of the individuals in the City who owns one.”
Councilmember Fijewski commented, “Excuse me. Would you mind speaking up a little bit please?”
Mr. McCamic commented, “Sure.”
Councilmember Fijewski commented, “Thank you.”
Mr. McCamic commented, “I’m here to speak against the ordinance prohibiting the installation and use of outside boilers within the city limits of Weirton. I represent one of the parties that owns one, and when I discussed this with Mr. Rosnick, there were only two in the whole entire city. In my reading of this ordinance I believe it’s a little bit of an overkill for those two instances. The way they are designed and things within the manufacturing specifications require they do meet EPA type standards, that if you would pass an ordinance like this the next thing is, is you’re not allowed to burn, open air fire places because this is no (unintelligible). This is a more safe means of heating your property. It’s a more economical means. And, I think it’s just going beyond the necessity of what appears to be done here. I think the better way to do it, instead of basically outlawing the furnace, is to look to be regulated in some manner that is reasonable with more knowledge about what the manufacturer (unintelligible) and things like that. That way you don’t impede environment concerns and health, ‘er economic concerns with heating and things like that. And, I think that it’s just that the ordinance goes a little too far for two, two people burning in these type of furnaces.”
Mr. DuFour commented, “Mr. McCamic, excuse my interruption. You said you represented one of the parties. Are you an attorney?”
Mr. McCamic commented, “Yes, sir.”
Mr. Gurrera commented, “Yes, he is.”
Mr. DuFour commented, “Ok. I never met you. I just want to be sure for the record.”
Mr. McCamic commented, “I thank you for your time.”
Mr. James Jordan 94 Seneca Street, Weirton, WV: Re: Outdoor Wood Stoves Mr. Jordan commented, “Hello Council. I wanted to discuss the ordinance that you will vote on. Obviously, I don’t want to see them prohibited from the city. I would prefer they be regulated.”
Mayor Harris commented, “You wanted them regulated sir?”
Mr. Jordan commented, “I do. Yes. I’d rather have them regulated.”
Mr. Gurrera commented, “Do we have another person to call?”
Mr. Maher commented, “Yes. Do you want to take a break?”
Mr. Jordan commented, “Well, just a few basic things. Oh. The other item, I remember now. The regulation. I already had filed the building permit. Mr. Rosnick said the only thing that was holding it up was the nuisance ordinance and that there wasn’t any problem. Once the citation was dropped I then still didn’t receive the building permit. Now, the new ordinance says that I have to register it for 30 days. I had wanted to know if there were any requirements and what would be different than what the building permit, what you already had established. I would ask that you amend and have that regulation removed and just fall back onto your already established building permit and just have it granted. I’ve already applied. As you remember, I was here before. As far as the nuisance ordinance, I’d like to touch on that. It was put in place for the Costello’s. I don’t believe in it, I don’t…that’s all I have to say for now.”
Mayor Harris commented, “Thank you. Mr. Jordan, if you have something to add after everyone makes their comments, you can come back up. Thank you.”
Mr. Jordan commented, “Ok. Thank you.”
Mr. Joe Stankiewicz 127 Pike Street, Weirton, WV (Self-employed): Re: Garbage and Burning Mr. Stankiewicz commented, “They only question I have is, on the burning thing, January and February are tree pruning months. You’re supposed to prune your trees before the sap starts flowing. So, I pruned my trees last Sunday. It was forty degrees. It was great. I wrapped them up. I was going to burn them, but I’m not allowed to burn them. So, I put them out by the curb for the Tuesday pickup. They’re still there. Now, do we have provisions for pickup of the stuff we’re not allowed to burn?”
Councilmember Fijewski commented, “Answer?”
Mr. Stankiewicz commented, “Yea.”
Councilmember Fijewski commented, “That’s your responsibility to dispose of your branches.”
Mr. Stankiewicz commented, “No. I pay garbage pickup.”
Councilmember Fijewski commented, “Not for tree pickup.”
Mr. Stankiewicz commented, “Ok. That’s against EPA rules? I think that is. Isn’t it?”
Councilmember Fijewski commented, “EPA has nothing to do with it. The fact of the matter is, and people who, in my opinion Joe, you have a responsibility for maintaining your lot. That doesn’t include the City of Weirton having to be responsible or paying for it. If your building needs painted, we’re not going to come and paint it for you.”
Mr. Stankiewicz commented, “Yes. You’ve got a good point.”
Councilmember Fijewski commented, “So, if you’re building needs painted, we’re not going to come up and paint it for you.”
Mr. Stankiewicz commented, “If you have trees…”
Councilmember Fijewski commented, “…if I could finish please.”
Mr. Stankiewicz commented, “Yes.”
Councilmember Fijewski commented, “Again, my opinion, if you have trees on your property and you need to cut them and prune them, I go out the City of Weirton day in and day out, including myself, I have about eight trees on my property. I see people in here pruning them. I see companies mulching them. I see companies cutting them for people, and I see paying money to have it hauled away. So, that is their responsibility for maintaining their property, not for us to go out there and start picking up people’s trees. But, we do…”
Mr. Stankiewicz commented, “Ok, but that’s exactly what I’m going to do.”
Councilmember Fijewski commented, “But, we do…”
Mr. Stankiewicz commented, “I’m getting a mulcher, and it’s going to dump in the garbage truck.”
Councilmember Fijewski commented, “And I’ve done that, and we will pick up the mulch, but we won’t pick up the branches. But, just to close with that point, you know, we do pick up yard waste. Mr. Brown, we do pick up yard waste and those things defined as yard waste, if you put them in containers an what not, that is picked up. But, not to include, people doing major forestry.”
Mr. Stankiewicz commented, “As long as they cut the branches up, in with the yard waste, we’re ok?”
Councilmember Fijewski commented, “As long as they fit into a relative small container, yea, sure, yea.”
Mr. Stankiewicz commented, “I’ll buy that. I’ll but that.”
Councilmember Fijewski commented, “Thank you.”
Mr. Stankiewicz commented, “Ok. One other thing I want to do so I don’t run out of time here. I remember we, on the garbage thing, we had a safety issue with the garbage trucks backing down the alleys and stuff and it created, created a problem with our street. Now, we got neighbors against neighbors and, you know husbands against wives and that kind of stuff. I got a phone call from Shinnston one day. My son lives down in Shinnston. He said, ‘hey dad, a garbage truck just went by.’ I said, ‘So.’ He said, ‘it just backed down the street.’ Oh yea. And he picked up the garbage and he went back out on the street. But, there’s a difference. In Shinnston, it’s a private enterprise company. They guy gets paid to pick up the trash, and this is how you do it. And, this is how you do it. And, that’s life guys. You know, there are different ways to do different things in different places. And, I realize there’s a safety factor, but in that particular instance, that’s the only way they can do it, because there’s three streets that come off the main street. They got to back down it, pick up the trash, come back up, go to the next street, back down it, pick up the trash. That’s what they’re paid to do. They’re doing their job. So, that’s life. I’m done. I shall return. Thank you.”
Mayor Harris commented, “Thank you.”
Councilmember Fijewski commented, “Thank you.”
Mr. John J. Pennacchio, Jr. 104 Lynn Court Way, Weirton, WV (Hancock County Schools): Re: Outdoor Wood Stove Mr. Pennacchio commented, “Mayor Harris, Council members, City Attorney Mr. Gurrera, I’m just here in support of my brother-in-law, James Jordan concerning the outdoor wood burning furnace. It’s in its third year of operation. I believe all of you are well aware of that. The complaint came in its second year of operation. I believe you’re all aware of that. And, I think we need to be honest. I think the bottom line factor that caused the whole situation is that my brother-in-law made a mistake. On a warm October day he burned some leaves in the outdoor furnace. It smoldered a little, and that dirt, quote, unquote, worked it’s way down onto some outdoor furniture and some property. And we’re talking about the Costello’s, the next door neighbors. My brother-in-law apologized and said he would never do that again. You know my brother-in-law, and you’ve spoken with him once or twice. He’s a gentleman. He’s very professional in everything he does. He’s a wonderful husband, a fantastic father, soon to be a father again. My sister-in-law, Patricia, is due in May, right around Mother’s Day, so if you want to talk about stress and health hazards, the Jordan family has experiences this since this has occurred. And, as you gentlemen know, wives, daughters, expecting, the last thing they need is stress. That’s a fact. It’s not good for the baby. I believe that this is basically done to prevent this “dirt” from every coming back, because the stove was in it’s full second year of operation when this occurred. If there was a complaint of smoke, that’s going to happen day one, as soon as it starts coming out of that stack. And, if I remember correctly, and if we all look back at our roots, this town was built from smoke. This is a steel town. I don’t believe the Costello’s tried to shut down Weirton Steel. So, I don’t know why this would continue to cause stress for my in-laws when there’s nothing wrong with that stove at all. I believe it’s just a dirt factor. I’m just being honest with you. Ok. I’m not making up any excuses. And, I just wanted to put my two cents in. I’ve never been short for saying anything (unintelligible). But, I hope you consider this. Like I said, my brother-in-law is a great person, a gentleman, follows the golden rule, treats others the way he wants to be treated. And, if you can live by that, you’re going to be successful. And, that’s what I (unintelligible).”
Mayor Harris commented, “Thank you.”
Councilmember Fijewski commented, “Thank you.”
Mrs. Christina M. Pennacchio 104 Lynn Court, Weirton, WV (Mother and Homemaker): Re: Outdoor Wood Stove Mrs. Pennacchio commented, “Hello. That was my husband there. Vince, Bub, I talked to you on the phone. I’m Christina. Well, just kind of reiterating what my husband said. You know, that is my sister and she is stressed. I know there’s health issues with breathing in smoke and this and everything that’s all around. But, what I perceive and what, Giovanni, the first couple articles I think was just so for the Costello’s it was hurtful. A lot of people who didn’t even know the situation who didn’t even know that was my brother-in-law or anything, like did you see that thing in the paper, and I was real quite like, and then I told them, yea, that’s my brother-in-law. It was, I think it was just all taken, it was all done wrong. A lot of things were done wrong. I read minutes from previous, the minutes that, it was just, you know, I don’t know. It seems to me that one person came and they said this a problem and had everyone trying to help them. And, in this world we cannot help just one, you know, you can’t just fall down and do what they want. You can’t make everybody happy. And, burning has been since the beginning of time. And, I know all these statistics, EPA, this, that, whatever, but, you know, people are going to burn. And, it is efficient, but they wouldn’t, would not have sold this boiler. Right. I mean, I hope not. I hope they wouldn’t have sold it to the American public if it’s hazardous to people’s health. So, you know, but he has it. Like I said, nothings, there’s been no problem for two years. All of a sudden something happens and these people are just pursuing it to the extent of ridiculous. Because we talked to all the neighbors, as we turned in the petition. No one has a problem with it. And, except for one person. So, I say majority rules and I’m so sorry for the other people. And, I know you guys are trying to pacify them. I don’t know what you can do, but I think it’s, it’s just wrong. I think the Jordan’s were harassed. I think the numerous phone calls, visiting their home, coming around, you know, checking their property, a lot of people not even knocking to say is it ok if I come on your property. You know, I just, I don’t know, I think things were done wrong. And, you know, I’ve been a member of the City, and I want to be proud to be here in Weirton. But, you know, this thing I think was handled wrong and I hope this is the last time I’m going to have down here. I hope this is done, this situation. But, that’s my perspective. Everybody has their own, but that’s all I wanted to say, and thank you for letting me speak.”
Mayor Harris commented, “Thank you.”
Mr. Joe Stankiewicz 127 Pike Street, Weirton, WV (Weirton Chamber of Commerce): Re: UDO Mr. Stankiewicz commented, “I’m filling in for Brenda Mull of the Chamber and you have something on your agenda tonight about the UDO ordinance for Pennsylvania Avenue. Brenda called me at work today and said, ‘Joe, I can’t go.’ Her husband’s in the hospital for some testing and everything, so she had no idea what time that she’ll be doing anything. So, you have something on the agenda for the Pennsylvania Avenue Corridor, and I guess I could say the Chamber’s reaction could be one where, Halleluiah, it’s about time. And, I feel like Martin Luther King now. You know, we have finally gone to the top of the mountain, and in speaking of that, once you guys, in the next week or so, take a ride up McKimm’s Ridge, before the leaves get on the tree, and take a look down to the valley that E. T. Weir would have. He looked at it twice, when he first came to town and there was noting there except Holliday’s Cove. Look at it and say that looks pretty close to what E. T. Weir looked at when he had his picture taken up there for Time Magazine. Except, back then there were 15,000 people working, and now we’re down to 1,000. But, maybe this is a new beginning, hopefully. Hopefully, we can take this Pennsylvania project and keep it moving. And, that’s basically what the Chamber’s got to say, so thank you, and this is one of those things where you get to cooperate. That’s it.”
Mayor Harris commented, “Thank you.”
Councilmember Fijewski commented, “Thank you.”
Mrs. Janna Obeldobel 3528 Lindberg Way, Weirton, WV (Secretary): Re: New Inspection Ordinance Mrs. Obeldobel commented, “I’m here to mention the registration and inspection of rental properties within Ward 4. This proposal as I understand is target for Ward 4. It targets individual rental, residential rentals, not business, not any that receive inspections through HUD or anything else. We already have an ordinance on the books allowing for the inspection of properties being necessary for the inspections. This can come from, as a complaint from a neighbor or the code officials driving by and seeing something that needs done. We do not pay for this right now. It makes it harder if, for people who have rentals, that if they’re going to have to undergo an inspection, buy a certificate for every two years, just to rent their properties. It won’t enhance the ability to rent the properties because we can only charge what a reasonable rent in the area you are renting to, or your property is vacant. It stays vacant. I don’t think it’s a necessary ordinance since we already are covered by our code officials. It’s one more hardship that landlords really don’t need. As far as money that would be available to help tenants pay rent through C.H.A.N.G.E. or any other charity organization, those agencies only help on a one time hardship need, and they pay a portion. That’s it. Only HUD, the Department of Health and Human Resources, help with low income rent payments. So, any revenue generated from this is not really going to benefit the landlords there. I just see it as a hindrance, and we have enough problems renting properties and keeping them up as it is. Most of the decline in any properties unfortunately comes through tenant disrespect for property that they don’t own. And, anybody that rents properties knows after every tenant you gotta go in and redo, at your own expense, the damages that they have done.”
Mayor Harris commented, “Thank you.”
Mr. David Obeldobel 3528 Lindberg Way, Weirton, WV (Self-employed business): Re: New Inspection Ordinance Mrs. Obeldobel commented, “I’m here on that same subject of rental properties for the 4th Ward, and this isn’t fair that I can see. I own rental properties. There are some homes, some houses in the area that are in worse shape than any rental properties I have seen, and I don’t see them being inspected. I have a neighbor that puts his garbage out once a week. It sits in his back yard the rest of the time with the cats and opossums dragging it all out. There’s a lot of other problems in a lot worse shape in different areas besides the downtown area. I don’t think it’s fair that he targets, he targets just he downtown area. If you’re going to do something like that, do the whole town at one time, the residential properties, private individual properties at the same time, not just the rental properties. Like my wife said, we spend thousands of dollars fixing places up. Somebody moves in, leaves there six months later. We have to go in and actually re-plumb some of them. They take the plumbing out. You know, I mean, it’s hard enough keeping up with these problems I have and everything, coming in to get it inspected and all that.”
Mayor Harris commented, “Thank you.”
Mr. Nick Cosenza 1295 Cove Hill Road, Weirton, WV (Self-employed): Re: Thank-you, Towing Mr. Cosenza commented, “Hi Mayor and Council members. I just came by to tell you thanks for working with me on this towing deal, and I appreciate it passed, and I hope that I do a good job. And, I think it was a step in the right direction. I think it will be a good step, and I know it will be a good step. I just want to say thank you to everybody that helped me. Ok.”
OLD BUSINESS
NONE
NEW BUSINESS
Ordinance No. (NEW) PROHIBITING POLITICAL ACTIVITIES ON CITY-OWNED PROPERTY BY CREATING ARTICLE 113, POLITICAL ACTIVITIES PROHIBITED ON CITY-OWNED PROPERTY
Motion was made by Councilmember Ash, second by Councilmember Marsh. The motion carried by majority, 7/0.
Ordinance No. (NEW) PROHIBITING POLITICAL ACTIVITIES BY APPOINTED PERSONS BY ADDING ARTICLE 114, POLITICAL ACTIVITIES PROHIBITED BY APPOINTED PERSONS
Motion was made by Councilmember Ash, second by Councilmember Miller. The motion carried by majority, 7/0.
Ordinance No. (NEW) ESTABLISHING REGISTRATION AND INSPECTION OF RENTAL HOUSING UNITS WITHIN CENSUS TRACT 302, CITY OF WEIRTON, WV
Motion was made by Councilmember Ash, second by Councilmember Dalrymple.
Councilmember Fijewski commented, “I’m going to vote no on the ordinance, and I just want to give a brief. My reason for doing it is only because a half hour before we came in here, there were significant changes made to the ordinance as presented. I personally considered this ordinance based upon the original documentation. I spoke with people about it in terms of its potential impact, and I studied it based upon that criteria. Within the last half hour that has changed dramatically. Now, I feel very uncomfortable because I don’t have a sense of what those changes would mean in terms of the overall implementation of this ordinance. So, without, Councilman Ash, without having that knowledge, I wanted to explain my reasons for that, and I think it’s something that we should consider in terms of investigating it further. At least, I’m speaking for myself. I don’t want to speak for anybody else. So, that’s the only reason for voting against it. Thank you.”
Councilmember Ash commented, “Just to let the public know what the changes were, if you don’t mind Mayor.”
Mayor Harris commented, “Yes. Go ahead.”
Councilmember Ash commented, “The basic, the more important change in the whole thing was, is the scope that we would be using to inspect the property. The minimum would be Section 8 standards. The maximum would be the state building codes. So, that’s the biggest change there. So, the only thing that was really added was that a minimum inspections would be under the HUD Section 8 Standards and the maximum would be under the state building code standards. So, the original one was the state building code standards and then that’s been changed to the minimum amount in there also.”
Councilmember Fijewski commented, “Councilman Ash, if I understood the comments made previously, the two inspection standards are like this. One standard is very high. The other standard is not so high. What they look at under one standard is very technical, and the other standard is not. So, that’s what I was trying to refer to, the degree to which that standard has changed now. Also, if I understand it, and if we would use our personnel to go in there, that they still would have to look at the state standard since they are officials of the City. Is that not an, is that an accurate assumption?”
Councilmember Ash commented, “That’s, I’d have to ask for a legal opinion on that.”
Mr. Gurrera commented, “Basically what would happen is they would go in there and look at the Housing 8 Standards, and if they saw a violation under state code they would have to use those standards.”
Councilmember Fijewski commented, “So, even by changing the language from one to the next, should they enter the property, they’re still required to…”
Mr. Gurrera commented, “They can’t ignore state violations.”
Councilmember Fijewski commented, “Thank you.”
Councilmember Ash commented, “If I had my way on this ordinance, it would have stayed the state building code all along. However, for the last two days or three days I’ve been undermined with this by people coming to different Council members and the Mayor and other people trying to get this cut. I can understand the frustration of it, but at the same time, I’m very frustrated that the housing stock downtown is bluntly going to hell. And I want it stopped. And, this is the only way I know to stop it.”
Councilmember Fijewski commented, “I support all of that. But, I just want to share with you, getting this at the 11th hour makes it difficult for me to take a real good educated look at this. So, that’s why, at least at this point in time, I wanted to share that with you.”
Councilmember Ash commented, “Thank you.”
Councilmember Dalrymple commented, “Councilman Ash, the change that you just described, that’s really the only major change that’s made to this thing recently. Correct?”
Councilmember Ash commented, “Correct.”
Councilmember Dalrymple commented, “This is also something that you will propose as a pilot program. If passed, this is something we would look into to see if it were successful or not before we ventured into other parts of the City.”
Councilmember Ash commented, “Yes. I would like to see this as a valid program to see if it works. If it doesn’t work in a year or two, let’s just cut it. If it does work, let’s go through the rest of the City…”
Councilmember Dalrymple commented, “Expand it to the other parts of the City.”
Councilmember Ash commented, “I do stand corrected though, Councilman. Under the fees and conditions there was one other part of this that the City Attorney feels is important. The part that under Section E says real estate presale inspection fee to fifty dollars per man hour would be a one our minimum charge. That would be deleted. That second one’s a major change. That’s deleted. So, there will not be, if this passes, it will not be presale inspection of the property.”
Councilmember Kondik commented, “Did we not just change this Councilman from two years to every years?”
Councilmember Ash commented, “It’s under Section 8 Standard, but…”
Councilmember Kondik commented, “Did you just change that from every two years to every year?”
Councilmember Ash commented, “That’s under Section 8 Standards.”
Councilmember Kondik commented, “My problem with this, and I’ve been listening from the landlord’s, the Obeldobels, and everybody else is that fact that, if there is such a fee to repair, they’re going to leave these places empty. Then you’re going to have, then it’s going to be worse for you.”
Councilmember Ash commented, “May I ask you where everyone else is, because I’ve only seen the one family show up with a…”
Councilmember Kondik commented, “Like you said, everybody calls you the day before, and I’ve had several phone calls. If I’m going to have to put in x amount of dollars, trust me, I’m going to leave it as is. I’m not going to do it. Now, is that what you want if that should happen?”
Councilmember Ash commented, “I want the inspection of the property to bring it up to the standards required.”
Councilmember Kondik commented, “You didn’t answer. You didn’t answer my question, my question. If you, as a landlord, and these people are coming in saying you have to do this and you have to do that, and it’s going to cost you a thousand dollars, fifteen hundred dollars. Are you going to pay it, or are you going to leave it vacant? What’s worse?”
Councilmember Ash commented, “One of the reasons I’m not a landlord is because I don’t want to have to answer that type of a question. But, if I am a landlord, that is a business in my opinion. And, you conduct your business the way you should any other business…”
Councilmember Kondik commented, “And, you’re listening to the people today that are saying that it’s unfair for them to put in that x amount of dollars whenever it’s, they can’t even get what they can get out of it.”
Councilmember Ash commented, “Well, personally, I would definitely screen the tenants before I put them in there to make sure that this doesn’t happen in my structures. I don’t know if there’s any screening process at all. There should be. The landlord should screen them before they put them in, but I don’t think they do. Now, if I did my three or four hundred dollars a month, I could walk away. But, I don’t want to be like that. I want to make sure the place is in a decent condition for these single mothers…”
Councilmember Kondik commented, “Second thought process Councilman Ash is do we have the manpower, Rod, to do this every year? Do we have the manpower to do it?”
Councilmember Ash commented, “I’ll give you a prime example. I went to the Housing Authority. I talked to Mr. Vargo and the entire Housing Authority…”
Councilmember Kondik commented, “And, they know the stock of the homes that they’re dealing with Councilman.”
Councilmember Ash commented, “Would you please let me correct, make my statement…”
Councilmember Kondik commented, “We’ve been through this already.”
Councilmember Ash commented, “The statement is that they have 500 units from Beech Bottom all the way to Chester. They have one inspector. If we…”
Councilmember Kondik commented, “And, they, they…”
Councilmember Ash commented, “…can’t do that with the inspectors we have, we’re in bad shape here.”
Councilmember Kondik commented, “Rod, question. Is it phys…can you do this on a yearly basis and still maintain the other services that you provide to the other Council people in their wards.”
Mr. Rosnick commented, “To maintain them at the same level?”
Councilmember Kondik commented, “Yes.”
Mr. Rosnick commented, “Obviously, if you have a couple hundred extra inspections, there’s going to be delays on the other. It’s all priority Councilman. I’ve got a certain amount of man hours and wherever they want to be spent. If you choose to do it in a rental inspection program, that’s what will be set first, and…”
Councilmember Kondik commented, “I’m willing to table it for thirty more days and discuss it fellows. I’d like to make a motion to table this for 30 more days and have a discussion on it.”
Councilmember Miller made the second on the motion to table the ordinance.
ROLL CALL VOTE
Councilmember Ash No Councilmember Jones No Councilmember Marsh Yes Councilmember Miller Yes Councilmember Dalrymple No Councilmember Fijewski Yes Councilmember Kondik Yes
The motion to table passed by majority, 4/3.
Ordinance No. (NEW) PROHIBITING THE INSTALLATION AND USE OF OUTSIDE BOILERS WITHIN THE CITY LIMITS OF WEIRTON
Motion was made by Councilmember Marsh, second by Councilmember Fijewski.
Councilmember Fijewski commented, “I want to have clarification. My understanding of the ordinance is that, should this ordinance pass this evening that it has no impact on the current one that’s operational. Is that an accurate…”
Councilmember Miller commented, “Two Max.”
Councilmember Fijewski commented, “I’m sorry, two. Thank you. Thank you for the correction. Is that accurate?”
Councilmember Kondik commented, “As it stands. Yes.”
Councilmember Fijewski commented, “Ok. Thank you.”
Councilmember Marsh commented, “Rod, can you explain to us the registration process and why that would put in there?”
Mr. Rosnick commented, “Yes. There would be a certain impact on them. They have to register with the City so we know they’re on record of being grandfathered and we know their location and site. And, second, it also addresses the fuel they can use and the burning seasons. So, the existing ones would be affected in that manner. But, as far as staying in existence, it would be able to stay in existence.”
Councilmember Fijewski commented, “Thank you.”
Councilmember Marsh commented, “What is the purpose of registering them? Just to know where they are?”
Mr. Rosnick commented, “So we know at the time of the adoption of the ordinance what is grandfathered and what isn’t and their actual location. They’re not allowed to move them around on the site. They’re not allowed to make alterations or changes.”
Councilmember Marsh commented, “But, they would still be permitted in use?”
Mr. Rosnick commented, “Correct.”
Mayor Harris commented, “Any questions or comments?”
Councilmember Kondik commented, “I’d just like to make an amendment to the motion, Mayor.”
Mayor Harris commented, “Ok.”
Councilmember Kondik commented, “Under Section 512.3, I would like to add, ‘All burning or existing boilers be prohibited.’”
Mayor Harris commented, “Can I get a second to the amendment? Can I get a second to the amendment? Can I get a second to the amendment? At this time, there is no second.”
Mr. Maher commented, “It died for a lack of a second, and you do need to go back to the original motion.”
Mayor Harris commented, “Any other questions or comments on the original motion?”
Councilmember Dalrymple commented, “Yea. I have comments about this. I understand the problems over that way where we have the neighbor feud going on over these boilers. It concerns me that, with one complaint that we’ve generated so much in time, in legislation, to take care of one complaint. I get one complaint about every day, but I don’t come to you all to write legislation every day. This is an issue, but Mr. Jordan has gone well above and beyond to take care of his problem, not his problem, to take care of his neighbor’s problem. His problem is that he put in a new furnace to the area, a new type of appliance. He has been very cooperative through this whole ordeal, I think. I believe that we should not have gone as far as we have with this. I don’t agree with our nuisance ordinance either. I think we threw that together too quickly to still have a criteria put together to deal with nuisance ordinance. I thought that when we got to the point we are today that we would have something to define the nuisance. But, we don’t, I don’t feel. I do not support this. I think we killed an ant with a sledgehammer if we pass this thing, and I ask the Council to think about that before they do pass it, and that’s all I have to say.”
Councilmember Miller commented, “I’d just like to say one thing. This is taking place in my ward. I drive by their homes every day, a couple of times a day. And, I appreciate Councilman Dalrymple’s comments, also the other Councilmen. This situation has been, as they said it’s been there for two years, more than two years, without any complaints, without any problems at all. And, all of a sudden it pops up. And, since this past fall, about October, I’ve been besieged with phone calls and conversation, and the Mayor, other Councilmen, the Inspection Department, the Jordan’s. Their entire families have been involved. And, I do think that the grandfathering of the stove, the two in Weirton, not just the Jordan’s, but there’s another located in Weirton, these be protected. We had no regulations when the complaint came in. I explained that to the individuals who where involved. There wasn’t anything the City could do. It may end up being a civil issue. And, they took it beyond that, and then visited Council every meeting we’ve had since November I believe. These were good neighbors for a long time, and this has caused a lot of friction, and it’s sad that we have this in our community. And, when something new comes out, and the government doesn’t have findings, proper data on a product like this, there’s going to be some issues going forward. And, I think with the help of Councilman Marsh, we investigated as much as we could the product and the environment and what exits from these boilers. And, I think Council’s done the right thing in trying to protect all the citizen’s rights, and I appreciate everyone’s effort from the Mayor on down. Everyone’s tried to solve this problem that had never been a City problem, because there was no ordinances or guidelines or restrictions on these type of boilers. And, this one was placed into operation. And, what we need to do is protect the two that are in existence, and I think this ordinance does that. It does limit your burning season and the fuel, but I don’t think Mr. Jordan burns anything other than wood materials, coal and wood pellets in there. So, I would encourage us to put it in place, because I do believe this is not the same as a wood burner, fire place or an outdoor burner in a back yard in an open pit. This is a compressed combustion operation that we need to look at as far as how we put any of them in the community in the future. So, we need to restrict their operation going forward.”
Mayor Harris commented, “Any questions or comments?”
Councilmember Ash commented, “Yes. Mayor, I notice here that it says it’s sponsored by Weirton City Council.”
Councilmember Dalrymple commented, “Yes. I take umbrage with that.”
Councilmember Ash commented, “I don’t know who the City, which Councilman actually sponsored it, and I don’t know if the City Attorney has reviewed it and what he thinks of it. That’s why, what I’d like to find out.”
Councilmember Dalrymple commented, “I didn’t sponsor that ordinance.”
Mayor Harris commented, “Can we find out who sponsored this?”
Councilmember Marsh commented, “It came out of workshop.”
Mayor Harris commented, “Council workshop?”
Mr. DuFour commented, “It was in Council workshop.”
Mayor Harris commented, “Who attended Council workshop?”
Councilmember Dalrymple commented, “Not me.”
Councilmember Fijewski commented, “I was there.”
Councilmember Ash commented, “We’ve had so many workshops I don’t know if I was at that one or not.”
Councilmember Kondik commented, “We can take, we can take the workshop…”
Councilmember Ash commented, “We still have to know if the City Attorney reviewed it and what he thinks of it.”
Mr. Gurrera commented, “I reviewed it. I think that as long as we’re protecting the two that are already there, then I believe that it is a legal ordinance and my personal opinion is this whole issue has gone way too far. But, if you’re asking whether it’s a legal ordinance, it’s a legal ordinance as long as we’re respecting the two that are already there.”
Mayor Harris commented, “Are we respecting? Are they grandfathered in that ordinance?”
Mr. Gurrera commented, “Rod, in your inspection, was there anything that would say it was not grandfathered?”
Mr. Rosnick commented, “No. It obvious the Jordan’s have had that in operation for several years now, so it would be grandfathered.”
Mayor Harris commented, “So, if this passes, there’s no, there’s nothing wrong with the two that we have.”
Mr. Gurrera commented, “I don’t presume, unless Mr. Jordan’s going to say he’s going to start burning stuff that is not permitted in here.”
Councilmember Dalrymple commented, “What if his furnace breaks and it needs a major repair?”
Councilmember Marsh commented, “I’d like to offer an amendment to that because, and I’m sitting here thinking about it as we’re talking. In the research we found that the indoor wood burning stoves are EPA certified and controlled. As of 2006 the outdoor wood boilers had not been certified or inspected, but there is some movement toward that way. I would like to put something in there Vince that they be replaced with EPA certified units if available.”
Mr. Gurrera commented, “If you’re asking whether that’s legal to do, I mean, it’s, that wouldn’t make the ordinance illegal. Are you saying for right now, to replace them?”
Mayor Harris commented, “Replace them at any given time is what you’re saying?”
Councilmember Marsh commented, “With EPA…”
Mr. Gurrera commented, “The two that are already there?”
Councilmember Marsh commented, “Yes.”
Mr. Gurrera commented, “I think you’ll run into problems with that.”
Councilmember Marsh commented, “Ok.”
Councilmember Dalrymple commented, “So, to answer my question, essentially, if his machine breaks, that’s it. He can’t repair it. True?”
Councilmember Marsh commented, “That’s what this says.”
CROSSTALK
Councilmember Ash commented, “Are you sure that’s what you want?”
Mayor Harris commented, “Is that what that says? I didn’t comprehend it like that.”
CROSSTALK
Councilmember Dalrymple commented, “What did it say? That he can’t, if the machine breaks…”
Mr. Gurrera commented, “That he can (unintelligible) as long as he is going to continue that use.”
Councilmember Dalrymple commented, “So, that’ll be that piece of equipment?”
Mr. Gurrera commented, “Correct.”
Councilmember Dalrymple commented, “I also wanted to bring to account too that just about all of the neighbor’s for the Jordan’s signed a petition stating that this did not bother them. Some of the neighbors. I didn’t say all of the neighbors, but some of the neighbors. But, if you look at the address map, they’re all the neighbors that seem to live right next to the Jordan’s.”
Mr. Gurrera commented, “The two comments that I would have put on there, in speaking with Al Carducci, he absolutely does not believe that we need this ordinance. He just does not see the need to (unintelligible). And, in my personal opinion, I think since the additional staff has been added there, I think it’s made a world of difference.”
Mayor Harris commented, “Any other questions or comments? At this time Tom, can I get a roll call vote on it?
ROLL CALL VOTE
Councilmember Kondik Yes Councilmember Fijewski Yes Councilmember Dalrymple No Councilmember Miller Yes Councilmember Marsh Yes Councilmember Jones Yes Councilmember Ash No
The motion passed by majority, 5/2.
Ordinance No. (NEW) RESTRICTING OPEN BURNING IN THE CITY OF WEIRTON Motion was made by Councilmember Fijewski, second by Councilmember Miller.
Councilmember Fijewski commented, “I’d like to make a comment please Mayor. I won’t beleaguer it because previous individuals have touched upon this. I distributed to Council a copy of the Federal Registrar, dated Monday, February 10, 2003, the rules and regulations. I’m sure we’re all aware of what the Federal Registrar is, and I tried to highlight for your review a couple of points I’d just like to touch upon. As we all know the State of West Virginia was required to submit a state debilitation plan to comply with the Federal Clean Air Act. The State of West Virginia did that. And, then on September 12, 2001, they submitted a revised plan to the EPA for their review. Contained in that revised plan were the following, and I refer you to page 2 of the document I shared with you. Under Summary of SIP Revisions, Item 4, quote, Open Burning, end of quote, was modified to include burn barrels. Also, Item 5, person was modified to include the State of West Virginia and the United States. So, clearly the State of West Virginia plan is part of the federal landscape. The third item I highlighted for your review is item B-1 which states…”
TAPE CHANGE
Councilmember Fijewski commented, “…in the regulation, emphasis, specifically is prohibited, open burning is prohibited. The next item, item 3, references to construction and demolition waste were replaced with, quote, land clearing debris, end of quote. And, the exemption for open burning of back yard waste was removed. It clearly states that in the State of West Virginia’s SIP Program that they submitted on September 12, 2001, the State of West Virginia removed the exemption for open burning. And, lastly, to point Roman Numeral III, Final Action. The EPA is approving the revisions to 45-CSR-6, quote, to prevent and control air pollution from combustion refuse, end of quote, submitted by West Virginia on September 12, 2001. The EPA is publishing this rule, this rule, without prior proposal because the agency views this as a non-controversial amendment and anticipates no comment. And, lastly, on page 1, under dates, this rule is effective on April 11, 2003. So, I’d just like to point out to my fellow Council members that clearly the State of West Virginia in its SIP Program has addressed this issue which is now part of the Federal EPA, which was addressed. And, I’ve spoken with the people at the federal level in Philadelphia as well. So, at least if you accept the document as written and as part of the Federal Registry, which is now part of the law, that our current ordinance does not comply with state and/or federal requirements. With that in mind, I would ask for your support and consideration for approving the ordinance as written. Thank you.”
Mayor Harris commented, “Thank you. Any questions or comments?”
Councilmember Marsh commented, “I have one question please. Essentially what we’re doing is taking the permitting process off of our hands and giving it to the state.”
Councilmember Fijewski commented, “That’s correct. The DEP, because it says, it also says in here that requests for burn permits are to be granted at the DEP level, which is in our case the Wheeling level.”
Mr. Gurrera commented, “Through the Division of Air Quality.”
Councilmember Fijewski commented, “Yes, sir. Thank you.”
Councilmember Marsh commented, “So, if somebody wants a permit, they need to go to Wheeling to get, to apply for it.”
Councilmember Fijewski commented, “Yes, sir.”
Mayor Harris commented, “Any other questions or comments?”
Councilmember Ash commented, “Yes. He said to apply for. He said contact. He said apply for. So…”
Councilmember Fijewski commented, “Yes. Everyone has to register.”
Councilmember Ash commented, “…you have to go through Wheeling to get a permit.”
Councilmember Fijewski commented, “To apply for a permit. It doesn’t mean that it will be granted. Everyone has a right to make an application. If someone decides that, Joe decides he wants to go down there and cut up a few of his trees and burn in his back yard, he can go down there and apply. I’m, my understanding is he will not be granted a permit, because that does not fall within the SIP of the State of West Virginia. But, he can apply. Does that answer it George?”
Councilmember Ash commented, “Yes.”
Councilmember Fijewski commented, “Thank you.”
Mayor Harris commented, “Councilman, if I would happen to buy a lot in a certain subdivision and I wanted to clear that lot, would that be permissible, or is that…”
Councilmember Fijewski commented, “Under my, under my understanding after talking with federal and state, there are exceptions. Those exceptions would be large, large land clearing projects such as a business would come in up in the Three Springs Drive area, and they want to tear out land, and want to do that, that will be permissible. They would get a permit to burning those kinds of situations. And, also under ceremonial, which was already referenced, if the high schools want to have a pep rally and what not, they have to do that, but there are certain conditions they have to have, such as a fireman on duty, and what not. So, yes. The answer would be yes.”
Councilmember Kondik commented, “Honorable Mayor, last month the Williams Country Club called for a special permit cause they had special trees, and the only way to get rid of them is to burn them. So, they called the EPA, and they came up and they ok’d it on the spot.”
Councilmember Marsh commented, “I have one more question. It was Mr. Zawatski that brought it up, and I heard the sentence about, essentially it was carbon fuels in the wood. Ok, which brings us back to those patio burners. Is that going to need to be permitted too, or is that going to be omitted. According to what I heard from Code you cannot burn…”
Councilmember Fijewski commented, “What code? What code did you hear…”
Councilmember Marsh commented, “What he stated.”
Councilmember Fijewski commented, “My understanding is that that would not be prohibited because you (unintelligible) when you go into the definitions. I gave you a copy of the definitions today. When you get into the definitions and those kind of things, what is refuse and the fact that it’s in that enclosed container. That would be permissible. We’re talking about open burning. That is not considered in what I’ve been told as an open burning item.”
Mr. Gurrera commented, “Within a container, it’s not (unintelligible).”
Councilmember Fijewski commented, “Well, with the exception of the 50 gallon drums that people like that have in their front yards and burn. That specifically by statute, open burning in 50 gallon can is by statute prohibited. My understanding Fred is that though that would be permissible because it does not fall under the category of open burning. I’m just giving you my opinion.”
Councilmember Dalrymple commented, “But, to clarify that, anyone who has a copper fire bowl or chimney (unintelligible) type devise will be able to burn that without having to jump through the hoops.”
Councilmember Fijewski commented, “That’s my understanding. Yes, sir.”
Mayor Harris commented, “Are there any other comments?”
Councilmember Miller commented, “I was just going to say for the safety of the citizens, forget the air quality and all that, I had a situation on Hardy Street which I had to call the fire department probably a year, year and a half ago, to refuse permitting any further bonfire that was blazing within 10 feet of a wooden garage, and all they had was concrete block around it, and they kept throwing skid lumber and everything, and the flames were as much as 20 feet high. And, everybody was getting liquored up, and it became a real serious situation for the safety of the surrounding neighbors. In this case, I’m all for this, for the protection of the citizens and the property owners. I mean, some people get carried away with a right to burn.”
Mayor Harris commented, “At this time Tom can we have roll call vote please?
ROLL CALL VOTE
Councilmember Marsh Yes Councilmember Miller Yes Councilmember Dalrymple Yes Councilmember Fijewski Yes Councilmember Kondik Yes Councilmember Ash Yes Councilmember Jones No
The motion passed by majority, 6/1.
Ordinance No. (NEW) AMENDING ARTICLE 5 SUBDIVISION APPROVAL OF THE UNIFIED DEVELOPMENT ORDINANCE AS RECOMMENDED BY THE WEIRTON PLANNING COMMISSION IN REGARDS TO SUBDIVISION STANDARDS AND REQUIREMENTS Motion was made by Councilmember Fijewski, second by Councilmember Miller.
Mayor Harris commented, “At this time, can we have roll call vote please?”
ROLL CALL VOTE
Councilmember Kondik Yes Councilmember Fijewski Yes Councilmember Dalrymple Yes Councilmember Miller Yes Councilmember Marsh Yes Councilmember Jones Yes Councilmember Ash Yes
The motion passed by majority, 7/0.
Resolution TO ASK THE PLANNING COMMISSION FOR ITS RECOMMENDATIONS ON A TEXT AMENDMENT AND ZONING MAP CHANGE FOR THE CITY OF WEIRTON UNIFIED DEVELOPMENT ORDINANCE (UDO) Motion was made by Councilmember Marsh, second by Councilmember Miller. The motion passed by majority, 7/0.
Resolution of intent to covey Penco road right-of-ways and authorize the city mananger to execute right of entry agreement to the west virginia department of transportation, division of highways Motion was made by Councilmember Marsh, second by Councilmember Miller.
Councilmember Marsh commented, “Gary, how long do you think it will take to get the final deed over to them?”
Mr. DuFour commented, “I do not know. I have submitted all the descriptions. They will send us back the deed actually. They’re going to send us back a draft of the deed which is acceptable to them. What is proposed here, this is our intent to execute such a deed and of course a right-of-entry that allows them to come onto Penco Road and do any testing they need to do. I’ve been advised by the Solicitor that unlike the county commission, we cannot with intent to do a deed by resolution. We must bring ordinance with a deed.”
Mr. Gurrera commented, “You are correct.”
Mr. DuFour commented, “Right. So, this will help us (unintelligible).”
Mayor Harris commented, “Any other questions or comments?”
The motion passed by majority, 7/0.
Resolution to authorize the transfer of funds received by the city of weirton from the state of west virginia through the efforts of senator edwin bowman to the weirton board of parks and recreation to be utilized for the millsop community center renovation project
Motion was made by Councilmember Miller, second by Councilmember Jones.
Councilmember Kondik commented, “I should make the comment, Honorable Mayor, that number 9, 10, 11, 12, 13, 14, 18, and 19 were recommended by the Finance Committee.”
Mayor Harris commented, “Thank you Councilman.”
Councilmember Kondik commented, “You’re welcome.”
Mayor Harris commented, “Any questions or comments.”
The motion passed by majority, 7/0.
Resolution AUTHORIZING THE PARK BOARD TO UTILIZE CITY OF WEIRTON PROPERTY TO CONSTRUCT A FACILITY FOR THE EDWIN J. BOWMAN BASEBALL FIELD.
Motion was made by Councilmember Kondik, second by Councilmember Fijewski.
Councilmember Dalrymple commented, “Are we going to build a parking garage down there after we’re done with that?”
LAUGHTER
CROSSTALK
The motion passed by majority, 7/0.
Resolution TO AUTHORIZE REVISIONS TO THE 2007-2008 FISCAL YEAR GENERAL FUND BUDGET
Motion was made by Councilmember Marsh, second by Councilmember Miller.
The motion passed by majority, 7/0.
Resolution authorizing the city of weirton to serve as co-sponsor for the 2008 renaissance weirton festival
Motion was made by Councilmember Miller, second by Councilmember Kondik.
Councilmember Fijewski commented, “I have a question. Is this done in conjunction with the Renaissance Committee or anyone who sponsors the Renaissance would be (unintelligible).”
Mr. DuFour commented, “Historically, and I guess moving forward it is being done in conjunction with the Renaissance Weirton Committee, Renaissance Weirton non-profit.”
Councilmember Fijewski commented, “Just for (unintelligible), there was some discussion about the potential merging of that entity with another entity. And, my only concern was, if we pass this resolution, are we agreeing to provide it to anybody who is sponsoring the Renaissance Weirton Festival, or are we providing it only to the Renaissance Committee. That was my (unintelligible).”
Mayor Harris commented, “The way I understand it is it’s just going through the Weirton Renaissance Committee.”
Councilmember Fijewski commented, “Thank you. Thank you.”
Mayor Harris commented, “Is that correct?”
Councilmember Miller commented, “Yes. I sit on the Renaissance Committee and it’s our (unintelligible) Renaissance Committee (unintelligible) Renaissance Committee for the festival. We use it to tag along with the City of Weirton for insurance purposes. That’s how it all got started. This actually says in there to help insure the Renaissance Committee. I’ve heard of no, no other conversation of anything of merging with any other…”
Councilmember Fijewski commented, “That was within the last couple of weeks, Bub.”
Councilmember Miller commented, “Yes. I mean, we’re not (unintelligible) spoke to someone today (unintelligible).
Councilmember Fijewski commented, “Ok. Thank you.”
Councilmember Miller commented, “I’ll follow up on that.”
Councilmember Fijewski commented, “Thank you. I just wanted a clarification. That’s all I wanted to do.”
Councilmember Miller commented, “I agree with you. I don’t…”
Councilmember Fijewski commented, “And if they decide to move in that direction, that’s obviously their call, but I just wanted to get a clarification what this means to that.”
Councilmember Miller commented, “(Unintelligible) should apply for (unintelligible) assistance if they merge with someone too.”
Councilmember Fijewski commented, “Thank you.”
The motion passed by majority, 7/0.
Resolution TO AUTHORIZE FUNDING FOR BEAUTIFICATION SITES ON PENNSYLVANIA AVENUE and COLLIERS WAY IN the CITY OF WEIRTON
Motion was made by Councilmember Kondik, second by Councilmember Fijewski.
Councilmember Ash commented, “Where’s the money coming from? Is it coming out of the Beautification Committee money?”
Mr. DuFour commented, “If I may, at this time, this allocation of funding would be coming from our rainy day fund. What we’re looking for is to bring back into that, and it’s not going to beautification. It is not budgeted otherwise. We intend to use video lottery dollars we are receiving now from table gaming to actually pay for this. After we bring those dollars back into that fund, into our rainy day fund. And, so that is how we will do it.”
Councilmember Ash commented, “I understand we have about $26,000 in the beautification budget. That’s why I asked the question. If that’s all we had, then they could take half of it (unintelligible). I have a problem with (unintelligible).”
Mr. DuFour commented, “When we projected the $26,000 to be in next years budget. Currently we really don’t. We have about $5,000 which is long spent, but, so this would be additional.”
Councilmember Fijewski commented, “Yes, Councilman. Yes. The current beautification budget is I think maxed at five or seven, and (unintelligible) has already spent that.”
Councilmember Kondik commented, “If I…”
Councilmember Dalrymple commented, “Who’s going to maintain these? That’s one thing I would like to know.”
Councilmember Fijewski commented, “In terms of answering your question, Councilman Miller, Councilman Jones and I, each one of the sites will be in our wards. I know other Councilmen are looking, Council people are looking, at maybe doing this in the near future, in addition to this. To answer your question specifically, the plan is that each of us are going to find sponsoring entities, either a corporation, a civic group, a church, somebody that will sign on for the next three to four years to be the sponsoring entity for this and that they would be, once we set it up and build it, whatever, they would be responsible for maintaining it, fixing it, planting flower, and doing things of that nature. That’s, Mr. Miller, you and I, could you speak to that. Mr. Miller, I know, has spoken with a corporation already. Well, just to finalize this, one of the sites will be on Colliers and Miller, and the property there is being, we’re being allowed to use that property by Mr. John Barone, and we thank you for that. Bub, your property is…”
Councilmember Miller commented, “It’s right on Pennsylvania Avenue. It’s part of the Weirton Geriatric Center, and Lou Serra and Rhonda agreed to sponsor that. It’s right where they place their Nativity scene and Christmas tree. They’re going to clean that up and it’s going to look really nice.”
Councilmember Fijewski commented, “And, Ron, your area?”
Councilmember Jones commented, “And, the other one will be at Pennsylvania Avenue and South 11th, the Workshop, the Sheltered Workshop…”
Councilmember Fijewski commented, “And, the gentlemen who owns that is a gentleman by the name of, I’m sorry, is a gentleman by the name of Gus, if I’m pronouncing his name incorrectly. What is it?”
Mr. DuFour commented, “Acontilato. (sp)”
Councilmember Fijewski commented, “Acontilato. (sp) We’ve spoken with him and he has given us written permission to use that property as well. So, this is a great example of people working together, letting us use that property and hopefully will be built and move forward with these projects probably starting up. And, the last point I want to make is that the majority of the work is going to be provided by our able director, John Brown and his staff to help keep down the cost. So, we are hoping to get this, if it passes, starting around April we talked, huh John.”
Mr. Brown commented, “If we can get rid of the rain.”
LAUGHTER
Councilmember Dalrymple commented, “Isn’t April pot hole season John?”
Mr. Brown commented, “Pardon?”
Councilmember Dalrymple commented, “I said aren’t you supposed to be patching pot holes in April?”
Councilmember Fijewski commented, “John’s multi-talented. He can do, he can do, you’re multi-tasked. Aren’t you.”
LAUGHTER
Councilmember Dalrymple commented, “My only concern with this is that we’re spending potentially spending money that’s unbudgeted, out of a rainy day fund…”
Councilmember Fijewski commented, “Good point.”
Councilmember Dalrymple commented, “…and I’m not real comfortable with that, but if we are going to replenish the rainy day fund, I’m ok with it.”
Councilmember Fijewski commented, “Thank you. That’s all I have Mayor.”
Mayor Harris commented, “Thank you. I thank all you guys for you steps in beautifying the City.”
The motion passed by majority, 7/0.
Resolution TO ENTER INTO CONTRACT FOR PROPERTY AND LIABILITY INSURANCE COVERAGE FOR THE CITY OF WEIRTON
Motion was made by Councilmember Ash, second by Councilmember Marsh.
Councilmember Fijewski commented, “You did a great job on it to save money. Thank you Gary. Thank you Finance. Good job.”
The motion passed by majority, 7/0.
Resolution authorizing the changing of addresses on lincoln avenue and seneca street in the city of weirton
Motion was made by Councilmember Marsh, second by Councilmember Ash. The motion passed by majority, 7/0.
Resolution to place leins against real properties for costs incurred in the demolition of unsafe properties pursuant to ordinance 250. (keystone asset management owned property at 119 hillcrest road)
Motion was made by Councilmember Dalrymple, second by Councilmember Ash.
Councilmember Dalrymple commented, “Keystone Asset Management, do they have pockets available to hopefully we can go after to get our demolition money off of them. Is that something we could look into?”
Mr. Gurrera commented, “I think we (unintelligible), that’s why we want to do this, but I don’t know that they really have been.”
Councilmember Dalrymple commented, “Right.”
Mayor Harris commented, “We need to, we need to start doing this. And, Councilman Ash, I think, put an ordinance in to help us out. We are eating the cost of the majority of the buildings that are coming down in the City, and it’s time for a change. The City shouldn’t be responsible to take down somebody’s property.”
Councilmember Marsh commented, “Then my question remains to the Solicitor, have you investigated further the issue of judgments instead of liens.”
Mr. Gurrera commented, “Basically, they have (unintelligible) saying they are, they are liens. We would place them against the property. They’re placed there which would also give us the right to file a lawsuit against each owner if he so does have the assets to go after. But, two, then we have to get a judgment against them in court then we’ll file a judgment. But, this lien will at least protect anyone else buying that property would know we have a lien on it.”
Councilmember Marsh commented, “Ok. So, in other words you would place the lien first, and then go after a judgment.”
Mr. Gurrera commented, “The, you would then go after a judgment. You would place a lien against them and then go after a judgment.”
Councilmember Marsh commented, “And, then once, if the judgment is…”
Mr. Gurrera commented, “To get the judgment could take a year, six months, eight months, whatever. This would now put something in place to say, listen we have a lien against the property. It’s protected, and we’ll also file the lawsuit.”
Councilmember Dalrymple commented, “But, they would have to have the means in order to do that. Right? I mean there are people who have property that are demolished, senior citizens, people that are indigent and can’t afford to pay for that kind of thing. I mean…”
Mr. Gurrera commented, “Correct. The difference between that would be is in the first place we’re going to place a lien against the property. So, let’s say even know the person who owned the property may not have enough money to pay that, to take care of it, if someone else is going to buy it, there’s a lien on that property. So, if they’re going to buy it for $5,000 and we have a $3,000 lien, we get the $3,000 out of it. Now, if we’re talking about someone who has plenty of money and just doesn’t want to care about their property in Weirton, we also have the right to sue them.”
Councilmember Dalrymple commented, “Thanks.”
Mr. Gurrera commented, “You’re welcome.”
The motion passed by majority, 7/0.
Resolution to place leins against real properties for costs incurred in the demolition of unsafe properties pursuant to ordinance 250. (june holloway owned property at 120 maryland avenue – detached garage)
Motion was made by Councilmember Ash, second by Councilmember Dalrymple. The motion to table carried by majority, 7/0.
Resolution TO ENTER INTO A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF WEIRTON AND WEIRTON MEDICAL CENTER
Motion was made by Councilmember Marsh, second by Councilmember Fijewski. The motion to table carried by majority, 7/0.
Resolution to authorize acceptance of a contract for west virginia legislative digest funds. (boys and girls club of weirton, $9,000)
Motion was made by Councilmember Kondik, second by Councilmember Jones. The motion to table carried by majority, 7/0.
Resolution to authroize execution of application with the office of economic opportunity for the emergency shelter grants program for fiscal year 2008-2009. (change, inc. for lighthouse domestic violence shelter)
Motion was made by Councilmember Dalrymple, second by Councilmember Ash. The motion to table carried by majority, 7/0.
Resolution TO ENTER INTO AGREEMENT WITH THE BROOK-HANCOCK-JEFFERSON METROPOLITAN PLANNING COMMISSION FOR THE ADMINISTRATION OF THE WEIRTON TRANSIT CORPORATION FEDERAL TRANSPORTATION ADMINISTRATION GRANT.
Motion was made by Councilmember Dalrymple, second by Councilmember Kondik. The motion to table carried by majority, 7/0.
APPONTMENTS TO VARIOUS BOARDS AND COMMISSIONS
WEIRTON PLANNING COMMISSION
Mr. Chuck Robinson Term: 01/01/2008 – 12/21/2010 3645 State Street Weirton, WV 26062
Motion was made by Councilmember Kondik, second by Councilmember Miller. The motion to table carried by majority, 7/0.
ADMINISTRATIVE REPORTS
PUBLIC WORKS DEPARTMENT –
Mr. Brown commented, “Nothing to add to the report Mayor.”
Mayor Harris commented, “Thank you John. Any questions or comments for him?”
Councilmember Kondik commented, “Yea. Just out of ignorance. I have never been faced with this before. Let me ask the City Solicitor. What are we going to do? Are we supposed tonight to act on what previous Councilman Moore had spoke about? Is that something that we’re supposed to be doing, because I’ve never been faced with this before?”
Mr. Gurrera commented, “I don’t see any. I don’t see any reason to make (unintelligible) with it. We made an appointment. Council believes the appointment was legal, which in my opinion it was, then there’s no, nothing there. Now, the problem I do have with the email that was sent was this. As part of the email it was said that there were discussions or that the person who sent the email knew the results of what happened in executive session. I don’t know how those comments got outside of executive session. And, I think that the opinion from the Attorney General is based directly on the email which I found some exact inaccuracies with.”
Mayor Harris commented, “Councilman, I did talk to Attorney Gurrera who worked on this a few weeks before this, and that is what he said. So, that’s why I…”
Councilmember Kondik commented, “I just wanted to clarify, because I’ve never been faced with this before.” Councilmember Fijewski commented, “John, I want to thank you for Ward 7, for cleaning all the drains and doing patch work for us the last week. Thank you. We appreciate it.”
Mr. Brown commented, “Thank you Councilman.”
Councilmember Ash commented, “John, I also want to thank you. Joyce keeps calling me from the Triple A here, and as we all know, when they get code violations it takes letter and letter to go out, and it takes anywhere between seven and fourteen days to get something done with them. That’s after somebody receives the letter, actually signs the letter. We appreciate you sending a couple of people down there and taking care of what you can take care of, and I don’t expect you to go in there on other people’s property. Code has to continue to do what they’re (unintelligible) taking care of. I do appreciate it.”
Mr. Brown commented, “My pleasure.”
Mayor Harris commented, “You’re doing a great job John.”
Mr. Brown commented, “Thank you.”
PARK BOARD –
Mr. Weigel commented, “I’d just like to take this opportunity to thank the Weirton Area Chamber of Commerce and the Hancock County CVB. If you weren’t able to attend our Taste of the Valley event over at the Community Center in January, it was a huge success. We had over 500 people attend, and it was co-sponsored by those entities along with the Park Board. So, I want to thank them for helping us and for everybody who showed up for the thing. Overwhelmingly, they kept asking, ‘can you have this more than once a year, more than once a year.’ So, we are looking into that.”
Councilmember Fijewski commented, “Terry, how many youngsters showed up for the, was it Friday, that you had the overnighter?”
Mr. Weigel commented, “Saturday night.”
Councilmember Fijewski commented, “Saturday night. How many showed up.”
Mr. Weigel commented, “Saturday night was our most successful overnighter so far this season. It attracted well over 300 children to the Community Center. Back in November we started a serious once a month of overnighters. These are co-sponsored between the Community Center and various civic organizations such as the Jaycees that have stepped forward and done this with us. We do in part as a fund raiser for the Community Center and for that civic organization. And, each month it is picked up, it is picked up, and they just turn out to be very successful. Yea, (unintelligible) we added those.”
Councilmember Dalrymple commented, “My daughter was one of the, my youngest daughter was one of the 300 down there. She’s still trying to catch up on her sleep now. She did comment that it was a really good time and the kids had fun, so you guys did very well according to the kids. And, that’s what counts.”
Mr. Weigel commented, “Thanks, and thanks for having your daughter participate.”
Mayor Harris commented, “One thing the public needs to know too. It was very security safe and that’s very important.”
Mr. Weigel commented, “That’s the biggest thing when we decide to go ahead and do this, the one thing is we had to have a minimum of 10 adult supervisors, and the different groups have come forward and helped us. The one Saturday night we had 20 supervisors, adults there. So, I think that is a very key thing, and we place a high priority on that.”
Mayor Harris commented, “Very good Terry. Thank you.”
CODE ENFORCEMENT DEPARTMENT –
Mr. Rosnick commented, “I have nothing to add to the report sir.”
Councilmember Ash commented, “Rod, I’d like for you to really expedite as fast as you can the problem at Triple A. I don’t want to see Triple A moving out of the downtown just because they’ve had to wait for a couple letters to go out. I know the letters went out last Thursday or Friday, but, you know, it takes forever for these people to sign the registered letter. So, if nothing else, we could go knock on the landlord’s door and tell him we got a problem. Get it straightened out. Because, there’s two landlords down there that’s creating a problem with Triple A.”
Mr. Rosnick commented, “We’ve already had contact with both of those property owners.”
Mayor Harris commented, “Councilman…”
Councilmember Ash commented, “What’s the results? You said you had contact with them. What’s the results? Because she called me again at 4:30 this afternoon to complain about the same thing.”
Mr. Rosnick commented, “New stuff, or? Some of the stuff has been moved. We put…”
Councilmember Ash commented, “And, she told me it’s the same problem that, when she called me two weeks ago.”
Mr. Rosnick commented, “Ok.”
Mayor Harris commented, “Any other comments for him? Thank you Rod.”
WATER AND SANITARY BOARDS –
Mr. Mastrantoni commented, “Nothing further to add.”
Mayor Harris commented, “Any comments? Thank you.”
LIBRARY BOARD –
Mr. Rekowski commented, “Just briefly, I would like to say the Library’s Film Art Series, that we did have our film on the last Wednesday in January. And, we had over 41 people there. And, I’d like to say thank you to our Mayor and our City Council for helping to publicize it, to get the word out what the film was and that it is free. And, as well as the Weirton Daily Times getting the information out and to our Chamber who has been helping. The film is really received well and the 4-H division of the home schoolers were there and the R.S.V.P. volunteers were there. And, again, it was popcorn, soft drink, a treat and everybody there just helped vacuum and remove chairs when the whole event was over. It was a Walt Disney. It was Ratatouille. We’ve had, we were experimenting. This is our first year to look at what kind of films would be appealing to the community. It just seems that more children oriented films are what, really what the public would like to see. And, again, we’re going to schedule a film for the last Wednesday in February. We’re, we are going through the formalities with obtaining copyright of the presentation for a performance. I’d like to say thank you for your help in getting the word out about these free services for the internet.”
Mayor Harris commented, “We’d also like to thank you for your project. Thank you.”
Councilmember Fijewski commented, “Mayor. Comment”
Mayor Harris commented, “Yes.”
Councilmember Fijewski commented, “Rik, I want to thank you and your staff for all of the assistance you’ve given us on the upcoming bus dedication ceremonies. Council, Rik and his staff went back and did a historical review of all the newspapers and other paraphernalia and gave us discs with the material. He did an extensive amount of work on it and I just want to say that the dedication ceremony for that event is planned for March 4th at 6:00 here in Council chambers. And, Gio if you can give us any help on that I’d be happy to meet with you and give you some information. But, the general public is going to be invited. I’m going to be contacting some of the people who still live in Weirton that were passengers on that bus and family members who were on that bus. And, if anybody knows anybody, please tell them about it. They’re invited. And, again, it’s here in Council chambers March 4th 6:00. Thank you.”
FIRE DEPARTMENT –
Acting Chief Lowe commented, “I have nothing.”
Mayor Harris commented, “Nothing to add. Any comments for the Chief?”
POLICE DEPARTMENT –
Chief Marshall commented, “I have nothing additional to report, sir.”
Councilmember Ash commented, “You don’t know how thrilled I am with the newspaper articles in the last couple months. The Drug Task Force and the Crime, Street Crime, is that what it’s called, the Street Crime Unit?”
Chief Marshall commented, “Yes.”
Councilmember Ash commented, “Outstanding performance and I really appreciate it, especially last Saturday when I had seen on the front page with the, with the bust and the indictments. It’s really nice. I’ve also had comments from a lot of different people who live downtown that really appreciate the work that you’re doing, and I thought you should know.”
Chief Marshall commented, “Thank you.”
Councilmember Dalrymple commented, “Up on Weirton Heights also commented about that too, and they like the job’s getting done and you being proactive.”
Mr. Gurrera commented, “If I can add to that too. I’ve met with the detectives about a week ago. We’ve had three meetings already, and we’re coming up with two new ordinances that are really going to strengthen our defense against this drug thing that’s going on. So, I mean, we’re, we have two really good ordinances coming up that will really help the City on the drug issue.”
Mayor Harris commented, “A lot of citizens making a lot of good comments. You guys are doing a great job. Also, Giovanni doing a great job following them up. There’s a lot of citizens out there. They want to know where their tax dollars are going. And, I believe that they’re doing a great job. Thank you.”
Finance Director
TREASURER’S REPORT
Debbie Swanson presented invoices for approval totaling $4,902.40. She also provided the treasurer’s report for January 2008:
Beginning Cash Balance: 333,762.08 Interest: 934.56 Deposits: 931,238.33 Draw from Investments: 600,000.00 Disbursements: (1,042,650.98) Ending Cash Balance: 823,283.99 Beginning Investment Balance: 1,749,855.53 Investment Withdrawal (600,000.00) Ending Investment Balance 1,149,855.53 Petty Cash Fund: 700.00 Total Cash and Investments Available: 1,973,839.52
Motion to approve the payment of the bills, approve the financial reports and approve all department administrative reports was made by Councilmember Kondik, second by Councilmember Miller.
Motion was carried by majority, 7/0.
Motion to adjourn the meeting after the closing prayer was made by Councilmember Dalrymple, second by Councilmember Miller.
The motion to adjourn passed by majority, 7/0.
ADJOURNMENT
With no further business before this February 11, 2008 regular session of the Weirton City Council the meeting was adjourned after the closing prayer.
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