WEIRTON CITY COUNCIL
COUNCIL MEETING - REGULAR
MONDAY, MARCH 10, 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, March 10, 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 David Dalrymple Councilmember Ward 6 Max Fijewski Councilmember Ward 7 George Kondik Councilmember Ward 5
Councilmembers not in Attendance: Harold Miller Councilmember Ward 2
City Officials in Attendance: John Brown Public Works Director Gary DuFour City Manager Vincent Gurrera City Attorney David Lashhorn Fire Chief Thomas J. Maher, Jr. City Clerk Bruce Marshall Police Chief A. D. Mastrantoni Utilities Director Debbie Swanson Interim Finance Director Rod Rosnick Chief Code Official Terry Weigel Public Works Director
Others in Attendance: Gio Rossi Media - Weirton Daily Times
Mayor Harris requested that the Boy Scouts lead the Pledge of Allegiance. APPROVAL OF MINUTES
A motion was made by Councilmember Ash and second by Councilmember Marsh to approve the minutes of the:
February 11,
2008 – Regular Council Meeting
The motion carried, 6/0.
MAYOR’S AWARDS AND PROCLAMATIONS
Mayor Harris commented, “I have a proclamation to read please.
‘The City of Weirton maintains and supports citywide fair and affordable efforts through community block grant funding, and The citizen and sectors of local housing and industry should work together to uphold the fair housing act the principal of equal opportunity on which it’s based. Therefore, I, Mark Harris, Mayor of the City of Weirton, Brooke and Hancock Counties, West Virginia, do hereby proclaim the month of April 2008 as Fair Housing Month.’
Thank you.”
COMMUNICATIONS
NONE
CITIZEN COMMENTS
Mr. Maher commented, “Citizen comments are limited to three minutes each. At that time, Council, it’s at their discretion to extend it.”
Dr. Ed Rudiger 3714 Woodlawn Way, Weirton, WV (Cove Presbyterian Church): Re: Youth Advisory Commission Mr. Rudiger commented, “My name is Ed Rudiger, and I’ve been the pastor over at Cove Presbyterian for about nine months now. I came from Virginia to serve. I’ve been a minister twenty years. I taught full time in high school though for six years before coming up there. Therefore I’ve done a lot of work with young people and kids. And, so I’m excited about working, continuing that work here in my new home. Thank you.”
Mayor Harris and City Council all thanked Dr. Rudiger for his comments.
Councilmember Kondik commented, “That was refreshing.”
LAUGHTER
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. Ed Zawatski 243 Colliers Way, Weirton, WV: Re: Open burning Mr. Zawatski commented, “Good evening Mayor and members of City Council. I appreciate the opportunity to have another chance to speak with you once again tonight in favor of our open burning ordinance which you’ll be voting on for the second time, second reading tonight. I want to again stress the importance of this in the City of Weirton and its residents. It’s been a long uphill struggle and battle to get to this point. I think all of the (unintelligible) last week, of all of the issues at hand here, Councilman Fijewski for all the time he spent on this, City Attorney Gurrera for all his help, City Manager Gary DuFour and Mayor Harris and everybody else for their support on this. Gentlemen, this is crunch time tonight. It’s do or die. If we, we have to bring the City in compliance with state and federal law here. It’s the law. We have to do it. So, there’s no ifs, ands, or buts about it. There’s no variance here. There’s no deviation. The law is the law. There are a lot of laws out there that people don’t like. I pay taxes just like all you guys do and the laws out there that apply to everybody equally and evenly in the world around us, and that’s the way it is. The burning issue is that kind of situation. You’re going to have people against it, and you’re going to have people for it. The people for it are the people who want to breath clean air in this city, people like me that have put up with abuses for the last twenty some years, twenty-four years I’ve lived up on Colliers Way, and I tell you what, it’s been ridiculous. That’s why I took up this fight last year. You’re talking probably ninety-nine and nine tenths percent of the people in the City that want to breathe clean air. The other small fraction are the ones who are the law breakers, who are defenders, who are the habitual abusers who continually over and over and over again abuse the law as they have over the years in this issue. Tonight we have a chance to set this right. You have a chance to do the right thing for the City of Weirton, to bring the City of Weirton in compliance with federal and state law. You have a chance to do something good for the citizens of Weirton. This is probably one of the most important issues you’ve voted on, I think, ever, since I’ve been living here the last thirty years. I’ve been here thirty years this month as a matter of fact. I’ve been in and out of City Council meetings over the years, and I tell you what, this is the most important issue I think that’s ever been set. The City of Weirton, for the citizens of this City to be able to clean, and breathe the way they should be, the way (unintelligible) according to federal law. So, it’s federal law. We have to do it. I’ve been in contact with Danielle Baltera (sp) from the federal office in Philadelphia. You guys are aware of that. She is very, very pleased with the progress we’ve made to this point. She is anxiously waiting to see waiting to see what’s going to happen here tonight. I have been ordered to give her a report tomorrow morning to let her know how we vote here tonight, and she’s anxiously awaiting to see how things go. And, I told her, I said I really think our City Council’s going to do the right thing. There’s been, I know some consternation. A lot of people think that their rights are being taken away on this, with this burning ordinance. That is not true. If people want to grill, if they want to have their cook outs, their outdoor, backyard barbeques, they can still do that. No one’s losing any rights with this ordinance. This ordinance takes away no one’s right to have a cook out in their back yard. You can still barbeque, have your weenie roast, whatever you want to do, as long as it’s done with an approved appliance, an approval griddle using…”
TIME EXPIRED
Mr. Zawatski commented, “…an approved fluids or fuels. If it’s a gas grill, you’d use propane. If it’s a charcoal grill, you’d use charcoal. But, if you’re using the proper fuels in that grill, you’re permitted to have a cook out. Cook to your hearts content. You don’t need any kind of permit for that. You don’t need any kind of special permission for that. This ordinance does not block people from doing that. You can do whatever you want to do in that regard as long as you’re using the proper appliance. It’s that simple. OK?”
Mayor Harris commented, “Thank you.”
Mr. Zawatski commented, “So, again, I offer, I offer my support. I have a few neighbors here. I’ve been representing them over the course of this fight the last eight or ten months. I’d encourage you folks to please do the right thing for the City, for the citizens of Weirton, and for, for, for, it’s the law. We have to do it. That’s…”
Councilmember Fijewski commented, “Thank you Ed.”
Mr. Zawatski commented, “Thank you.”
Mr. Edward W. Zawatski 243 Colliers Way, Weirton, WV: Re: Open burning Mr. Zawatski commented, “Good evening. With respect to open burning, it is the City’s legal obligation to pass an ordinance prohibiting open burning and enforcing that ordinance. The City has no legal authority to add any exemptions or loopholes to that ordinance. It is ultimately up to the U. S. EPA to determine whether there are exemptions or loopholes to 45-CSR-6, and Danielle Baltera (sp) of the EPA has made it very clear that there are no exemptions or loopholes to the state implementation plan. As long as you’re living within the city limits, there is no burning allowed, period. Now, as far as barbecuing is concerned, that is permissible without a permit because charcoal and propane are not considered refuse under the law. It has to be done in a grill with charcoal or propane. Also, keep in mind too that it is illegal to impact anybody using any method of burning. It’s called statutory air pollution, and I do believe you’ll find that in West Virginia Code 22-5-2. If you look it up on the internet, it’s out there. I’ll wrap it up by saying if you have any questions for me, I hope I clarified everything. If you’ve got any questions, feel free to ask me.”
Mayor Harris commented, “Thank you. Any questions? Thank you.”
Mrs. Juanita Zawatski 243 Colliers Way, Weirton, WV: Re: Open burning Mrs. Zawatski commented, “Good evening. I’m not here to talk about the law, cause we all know what the laws are. I’m here to talk about the health issue that the open burning can cause. Because of open burning, I have been forced to take medications for years and years and years. From antihistamines to, to nasal sprays to all that. I’ve been taking them for years. Well, I’ve come to find out that one of the medications I have taken had a bad side effect. And, because of the na…, an over the counter nasal spray that I’ve been taking, I now have glaucoma. And, there is nothing that, there’s no, no, anything to stop it. It’s going to take time and its own process. I have drops to take now to, to stop any more effects and they’re hoping it’s going to work. But, nothing’s for sure that I won’t go blind, because I am forced to take medication so people can burn. And, I have to know, who has the right? Do I have the right to breathe clean air or do I have to worry about my health? Now that I have glaucoma I don’t know what’s going to happen. I could be blind in, in, in before, before, I’m older, I’m, I’m young yet. They have never seen anybody so young. They’re worried about me because I am too young to have glaucoma at this age. I now take two drops, one in the morning, one in the evening, so they can see if this will stop the progression of my glaucoma. But, that is what I am forced with now because of open burning. I am asking you guys not to, to table this, but to put it into effect. We know it’s the law, that it’s against the law to open burn because of all the side effects. You have, right now you have laws into effect that you can’t burn, that you can’t smoke in public places. Why should I have to put up with someone open burning? I should have that same right that you guys have not to danger your lives with someone for breathing their second hand smoke. I should have that same right so that I have good health in the future too for not breathing someone else’s open burning. It is dangerous to, to everybody, and it’s not just me. It’s to a lot of the citizens here. Every doctor I go to tell me that I’m not the only one that has upper respiratory problems. It is ninety percent of us that do, and for those people that have, are forced to take medications, there are a lot of dangerous side effects. I didn’t know about the side effects against the nasal spray. I thought it was harmless, and it should be. But, it’s not. It can cause dangerous side effects, and I…”
TIME EXPIRED
Mrs. Zawatski commented, “…am one here to say that I am one of those people that have been affected by open burning. Thank you.”
Mayor Harris commented, “Thank you.”
Councilmember Fijewski commented, “Thank you.
Mr. Mike Chek 165 Campbell Lane, Weirton, WV: Re: Commissioner Candidate Mr. Chek commented, “Good evening Mayor and members of City Council. First, as a citizen, I want to thank you for serving in County, in City government, because many decisions that you do make are not easy, and having (unintelligible) in the future of our City is at stake. So, thank you and keep up the good work. Second, as a candidate for county commissioner I provided each of you a list of my campaign platform, and I’d just like to take note of a few points. One is I am not in favor of the County Commission spending several million dollars on a new justice center north of New Cumberland. I think this just adds to the size of our county government, and this money can be put to better use in our schools and our local communities. My position on, for the commission, I look more as the commission being a partner with the local cities and city government, helping you to accomplish your goals of cleaning up blighted areas, attracting economic development, and improving the essential services that our city, that our citizens depend on. These are difficult times and I think that working together we can continue to improve our communities. The county does have surplus revenues, and I would like to see surplus revenues put back into the communities every year, not just in election years. And, please be not confused my lack of political experience with my ability to be a good commissioner. I’m a Weirton native, a builder. I’m a real estate developer here in Weirton for a number of years. And, I understand the hard work, the dedication and the persistence it takes to bring a successful project to completion, and I am prepared to bring this type of commitment to being a commissioner. So, I just wanted to thank you again for your hard work in city government and with service to our city.”
Mayor Harris commented, “Thank you.”
Mrs. Betty Branch 3612 Marlamont Way, Weirton, WV: Re: War memorial Ms. Karen Reese commented, “She asked if I would go up for her.”
Mr. Maher commented, “And you are?”
Ms. Reese commented, “Karen Reese.”
Mr. Maher commented, “How do you spell your last name?”
Ms. Reese commented, “R-E-E-S-E”
Mr. Maher commented, “Thank you.”
Ms. Reese commented, “Good evening everybody. I am here about the war memorial. I’ve been opposed to it. I’m sure you’ve all read my article that I wrote to the editor. It has come to light that the cost to move this war memorial is eighty thousand dollars. I just feel that our money can be better spent, like maybe a playground for our kids, a basketball court. Why do we need to move this memorial? I have an article that was dated from 1959 when this memorial was put into the city, and it states that it is to be a permanent war memorial. Mr. Millsop had given the men who worked so hard to get this memorial, the funds raised, my father included, he had promised them that as long as the center was there, that war memorial would stay in front of the center. And, I don’t see why this promise has to be broken. I realize the money is a grant from the government, but can’t we use it somewhere else? Can’t we honor them? So many of the youth of this City who, you know, these Boy Scouts, one of their greatest memories is on Memorial Day and Veteran’s Day going with their grandparents to this war memorial and honoring our veterans. I think we should be able to honor our veterans and leave the memorial. How nice, when you walk into the center, to have this war memorial. Do you think the youth of this City are going to go to a memorial off someplace and, and recognize it? No. But, I know my sons, when they walk into the center, they’ll say, ‘hey, my pap was responsible for getting that war memorial there.’ I don’t see why we need to dishonor our veterans by moving this. A fountain’s a nice idea, but can’t we put it someplace else? Can’t we honor Mr. Millsop’s promise that he made to all these men to leave the war memorial where it’s at? Thank you.”
APPLAUSE
Mrs. Marjorie A. Leppar 3608 Marlamont Way, Weirton, WV: Re: War memorial Mrs. Leppar commented, “Good evening gentlemen. I’m also a protestor of the removal of the war memorial. Anyone you mention this to, the first question is why. There is absolutely no reason to remove this. So much is gone from our downtown area. We have a downtown group which is trying so hard to develop downtown and keep a downtown area. And, they want to remove the most important thing which is in our downtown area. I feel that my husband who was on the committee to raise the money for this enlisted, made the invasion of Anzio, earned a Silver Star in Africa, went on to Anzio, was wounded there and saved by a gentleman he enlisted with from Weirton, West Virginia. It’s been in a lot of papers and they came back. They didn’t wait until what, like Washington, D. C., fifty years to put up a World War II memorial. They did it for their buddies. Then he joined the V.F.W. Well, when he came home, he wore his uniform and went through town selling war bonds. Then he joined the V.F.W and was on the Honor Guard for the funerals for the veterans, helped raise this money, and I feel that these men. They fought for this country, and they deserve a few square feet on our Main Street. There is no reason to spend this money to move that memorial. You’re taking a piece of our history. It’s like it’s something to be ashamed of. You want to tuck it away somewhere. There is absolutely no reason to spend this money. My husband is not the best, but he was an example of the men whose names are on this. And, I, and there was a petition turned in with almost a thousand names at a meeting in December, and I don’t know how many people know that petition was turned in. But, I just, this, this went by so quickly that nobody even knew anything about it. It takes three years to get some old house destroyed, demolished, and this went by so quickly I knew nothing about it until I say Milt Fabianich’s letter in the paper, and I don’t know how this happened. But, if you’re doing it because someone’s getting the money for other things, and you feel like you have to go along with them, this is kind of what I feel likes happening. And, there are a lot of people who absolutely do not want that moved. It belongs on Main Street, U.S.A. Thank you.”
Mayor Harris commented, “Thank you.”
APPLAUSE
Mr. Les McHenry 233 Miller Avenue, Weirton, WV: Re: War memorial Mr. McHenry commented, “Mayor and Council, in the regards to moving the veterans memorial and war memorial I would like to say that moving this memorial sends a sign of disrespect if one person or a few feel it’s ok to move such a highly visible and sacred monument to the men and women who have served and defended this country and city. If anything, it should be showcased even more for the community at this location, not moving it off the main thoroughfare and away from the center of town. That sends a message that there is little respect for veterans who served this country. The petitions given to the Council to show the views of the citizens and to disregard those and many others who feel the same, show there is little respect in this city for the veterans by this administration and the will of the citizens. This compares to digging up and moving a relative’s grave without the will of the family. I feel if you want to refurbish the outside of the community center building, this memorial only adds to the community image. Most cities would love to have, to portray and be able to make a speech in front of such and impressive and outstanding memorial in the center of town. If you feel you need to move something, why not move the baseball field behind the community center. Many citizens will agree, there seems to be a need for more parking close to the community center and library, and this sudden announcement of a need to add a concession stand to the ball field that will take even more parking and exits away from the citizens will be used less than the parking stalls it does away with shows how needs and wants in this town gets mixed up. This will hamper the flow of the traffic for fire trucks which might even create a real safety hazard, since this council seems to always use safety as a current concern in doing things. Did anyone check to see how the fire truck exits for fires to the east of Weirton? If one would look to the long term future of the community center, common sense would show one that there would be, be a need to expand in such as things as outdoor basketball courts, ice skating rink, a small skateboard park, a walking track and a place for a farmer’s market and further additions would also enhance the appeal of the community center to many more and to a greater number of diversified groups for year round usage rather than just for baseball team crowds. No, I’m not against baseball, but it would be a better idea to move the field to another location that gives the city more space for parking and space for future improvements in expanding the community center for more diversified groups and year round outdoor activities for recreation in the downtown area, and increased revenue for the center year round. With the library, community center, a day care, a church, a city building and a state building, one would think there is a need for more parking.”
TIME EXPIRED
Mr. McHenry commented, “This city seems to be more interested in the wants by certain groups than the needs and will of the citizens as a whole. Thank you.”
APPLAUSE
Mr. Mike Cross 333 Bell, Weirton, WV: Re: Open burning Mr. Cross commented, “Mayor, City Council. I’m here to talk about the open burning also, but I’m very opposed to this ordinance. With due respect to my fellow citizens, I’m sure that all of you who have lived here all of your lives can easily and simply say the air in Weirton today is cleaner than it has ever been. We lived through no star nights. We knew that at one time you could go outside and be covered with graphite by just playing in your yard for a few hours. Those days are gone. The air in Weirton is clean. Ok. What we’re going to add to the pollution by a few campfires or to me a burning in my backyard where I want to cook hotdogs or spend some time with my children is nothing compared to what we have already cleaned up in this town. The Ohio River which I remember ran brown when I went across the Fort Steuben Bridge is clean because we’ve already made those sacrifices to make our environment cleaner. The sacrifices have cost us thousands of jobs in this town because of the EPA to make sure that our steel is clean steel, is now being made in Brazil and China because of what the citizens that are concerned about cleanliness in this country wanted. And we did that. And, now they want to take a simple pleasure of my sitting around a campfire in my backyard away when our air is cleaner already, our soil is cleaner, and our rivers are cleaner. Now, we’re going to say, ‘ok, wait, we can take this last little tiny bit of debris out of the air if we can just keep Mr. Cross from having his bonfire every fall in his backyard or his son’s birthday party, because they’re burning wood.’ I just think it’s a little overreaching. And, you can beat me with the EPA manual all day if you want to. But, there is no reason in this town, in this comfortable community, in our neighborhoods, we can’t say, hey, you know what, let’s partake of that one thing, that one thing that mankind has been partaking of since the dawn of time. Let’s sit down around a campfire, relax and watch the wood burn, because in Weirton we can still do that. You know, we might not be able to make as much steel as we wanted to, but we can still put a little wood on a fire and sit around like mankind has always, ages past and enjoy a quiet evening in our own backyards. This ordinance just overreaches. I mean it reached into our yards. It reaches into our leisure time.”
TIME EXPIRED
Mr. Cross commented, “In a way, I just think it’s unnecessary at this time in this town. Thank you very much.”
APPLAUSE
Mr. Scott Klar 142 Pleasantview Drive, Weirton, WV: Re: Open burning Mr. Klar commented, “Councilmen and Mayor, my name is Scott Klar and I live at 142 Pleasantview Drive. And, the currant layout that I have is I have a little campfire spot in the backyard about two hundred feet away from my house. I’m up against the woods. And, I have neighbors that surround me, and each of us do the same things. Four or five times a year I might have a little campfire in the back, cook hotdogs with the kids, cook some marshmallows. The neighbors might come over. We might just sit back down there and just enjoy the campfire through the evening. In talking to the West Virginia Department of Environmental Protection’s air quality authority down in Wheeling, they made it clear to me that the state law permits campfires and barbeques to take place. And, they say as courtesy you can call down there and let your fire department know when you’re going to start that fire and when you’re going to stop that fire. And, I think that’s the proper thing to do. But, as I’m aware right now, doing the campfires, less the moratorium that’s on them right now. I don’t think I’m a criminal with the state or with the federal EPA in having a campfire several times a year. And, I do believe the state law does permit that. So, I would like the Council to reconsider the ordinance which, in my opinion after reading it, clearly states that that activity or any kind of open burning would be against the city ordinance. Of course the city ordinance can be stricter than the state law as it was explained to me by the air quality authority, but if the city enacted an ordinance similar to the state law, I think that that would still permit me to have a little campfire a few times a year for a couple of hours duration and allow other people to have a little barbeque with some wood, but still restrict open burning in the fashion that would be a nuisance to this family over here. Certainly, the state ordinance as well allows for if I am a nuisance to my neighbors, the city police come to my house and they say, ‘look your fire is nuisance to the breathing of your neighbor who does have a condition.’ Respectfully, I’m going to put that fire out. But, where I’m at right now and where a lot of people in the City of Weirton are, we’re up against woods. I have a deep piece of property far away from any structures as a lot of people in town do, and a lot of us do have little campfires. So, I understand there are people with health problems in town, and I think, like I said, the city law, or the state law does provide you to be courteous to your neighbors. And, if the issue truly is an air quality issue, then I don’t understand why people that have small campfires or barbeques would be discriminated against versus people that have indoor fireplaces. Because during the winter, I mean, I don’t have campfires in the winter. Certainly there are a lot of people in town that do have fireplaces or wood burners in their homes that probably as a whole provide a lot more pollution to the community and to the City of Weirton’s air…”
TIME EXPIRED
Mr. Klar commented, “…than several campfires a year that I would have or maybe, maybe five hundred other people in town. I don’t think it’s a big issue with regard to campfires and barbeques, and I think that that activity could be permitted by the ordinance. But, the way I’ve seen it written right now, I would be a criminal in the city even though I would be within the guidelines of the law.”
Councilmember Fijewski commented, “Where do you see that in our ordinance?”
Mr. Klar commented, “The city law, at least the city ordinance that I read…”
Councilmember Fijewski commented, “In the ordinance that was proposed where do you see it say that?”
Mr. Klar commented, “The very first line of the ordinance states that any open burning would be restricted. Now, that’s the city ordinance that I saw.”
Councilmember Fijewski commented, “Wait. Where do you see it saying that…?”
Mr. Klar commented, “Can I see a copy of your ordinance?”
Councilmember Fijewski commented, “Sure. He can use mine. It says nothing to that effect. In essence, what it does is it says that the City of Weirton will no longer be in the business of issuing city permits. And, what in essence it says is any time you want to have an open burn that you have to go to the people in Wheeling and to get that permit. If you’ve already talked to the people in Wheeling and they told you that the campfires that you suggest would be permissible under state law, this ordinance does not prevent that, because we, as the City of Weirton, will not be in the business of issuing ordinances. So, so, if you could, where in there do you, did you make that, that…?”
Mr. Klar commented, “No person shall be permitted to have any open burning in the City of Weirton unless and until….”
Councilmember Fijewski commented, “Unless.”
Mr. Klar commented, “…they have obtained a permit from the Division of Air Quality.”
Councilmember Fijewski commented, “There you go.”
Mr. Klar commented, “The Division of Air Quality, when I contacted their office, will not provide a permit for campfires or barbeque because they are permitted under the state law.”
Councilmember Fijewski commented, “Then what’s your problem?”
Mr. Klar commented, “The city law is restricting…”
Councilmember Fijewski commented, “There is not city law.”
Mr. Klar commented, “…campfires.”
Councilmember Fijewski commented, “You were saying that, that you have to have a permit.”
Mr. Klar commented, “But, you can’t get a permit through the state.”
Councilmember Fijewski commented, “Then, you don’t need one.”
Mr. Klar commented, “You cannot get a permit for a campfire or barbeques because it’s permitted without a permit in the State of West Virginia.”
Councilmember Fijewski commented, “Then if you’re permitted, then if you’re permitted to have it under the State of West Virginia, then you’re fine.”
Mr. Klar commented, “No, because the city ordinance as explained to me by the Air Quality Authority has the authority to make the ordinance stricter than the state law, which this would.”
Councilmember Fijewski commented, “That’s under the state improvement plan.”
Mr. Klar commented, “So, this is going to exclude my ability without being a law breaker of having a campfire, because this does not have an exception like the state law does for having a campfire or a barbeque.”
Councilmember Fijewski commented, “That’s not true.”
Mr. Klar commented, “That’s the way it was explained to me.”
Councilmember Fijewski commented, “No. It was explained to you by, no, it was explained to you by a secretary at the State of West Virginia. You did not speak to Al Carducci, did you?”
Mr. Klar commented, “No. I spoke to a woman…”
Councilmember Fijewski commented, “Al’s the director. Al Carducci is the director with whom we’ve been speaking with in terms of writing up that ordinance. So, I understand your point and I respect your point. I’m just trying to make a point with you that I don’t see anywhere in there that’s going to prevent you to do whatever you just said.”
Mr. Klar commented, “Ok. So, so I will be then after this ordinance if it is approved, permitted to have campfires and barbeques in my backyard in my fire pit using fire wood that I’ve cut from trees on my property.”
Councilmember Fijewski commented, “It’s not for me to make that judgment.”
Mr. Gurrera commented, “As long as the DEP approves it.”
Councilmember Fijewski commented, “It’s up, it’s up to the DEP to make that judgment.”
Mr. Klar commented, “But, were do I get the approval?”
Mr. Gurrera commented, “From the Division of Air Quality.”
Councilmember Fijewski commented, “It’s un…”
Mr. Klar commented, “But, how do I get that approval? If they have laws to provide the approval…”
Councilmember Fijewski commented, “Two, two reasons…”
Mr. Klar commented, “…but if they already permit without a permit.”
Councilmember Fijewski commented, “You’re making a point that hasn’t been established. Ok. First of all, at the suggestion of some Council people, we were in a process, I’ve spoken to Ed Bowman, of having DEP people come up here and go to the state building and be here so that people don’t have to be inconvenienced that much. Ok. And, we’re in the process of trying to get that worked out. The other thing is that rather, rather than make that assumption which I think is erroneous, grossly erroneous, I think what you’ve got to do is when, when, if this thing passes, you deal with the state, and the state will make that clear. And, from our understanding and for our interpretation of what we’ve been told, what you just said is not an accurate assessment of how things will be treated once, if this ordinance is passed. So, now for us to sit here and to make an assumption that it’s going to work that way without any factual basis for it I think is inappropriate. And, the only thing I’m suggesting to you is that language that’s in that ordinance does not in any way shape or form do what you suggest, is to stop you from having a little campfire in your backyard and having a weenie roast or whatnot. But, you’re entitled to your opinion and I respect that. Can I have that back please? Thank you.”
Mr. Klar commented, “And, I also had something else.”
Mr. Gurrera commented, “The ordinance requires you to contact the DEP, the Division of Air Quality. If they give you the permit, then there’s an additional stipulation also. Someone from the fire department could come there, and if they deemed it inappropriate at that point, meaning if they went up there and your fire was out of hand or if they did have a complaint from a neighbor stating that it was causing some health problems, then the fireman can make that decision at that point. We’re just not going to go around town, my understanding of the ordinance, and just eliminate all, you know, people having a safe fire. What we’re going to do is have it first get a permit through the Division of Air Quality, have a fireman go there and assess the situation. All we’re saying is, instead of you having to go through the city fire department, and actually, if you look at the old law you had to do both. You had to go to the Division of Air Quality and had to go to, to the fire department. Just because people didn’t do that doesn’t mean that wasn’t the law. The law was you had to go through both. What we’ve done is actually eliminated the fact and got the Weirton Fire Department out of giving permits. So….”
Councilmember Fijewski commented, “If I could just make one other point. The law that we keep referencing by our review went into effect in 2003. So, we’ve been out of violation, or we’ve been violating it since 2003. There are some people who feel, obviously as you heard here this evening, opposite from what you do. If the city continues to operate in a manner that is counter to what the state law requires, we open up this city government and this Council to potential lawsuits, for people to say that we were failing to enforce the state, the state plan. So, really what I would suggest is, we want to take the city out of that potential liability situation. We had a very difficult time as a city enforcing the rules and regulations. You clearly are an individual that may do a fire that, you know, as you described it, but we have many, many others in the city that have fires that are far in excess of that, that really engulf the whole neighborhood in smoke. If it could run the way you suggest, I don’t think too many people would be upset, but that’s not the way it works. So, what we’re doing is, we’re taking the city out of that legal situation. We’re giving it back to where it belongs. It’s a state requirement to enforce a state law. It’s not a city’s responsibility to enforce their laws and rules. So, we want to remove ourselves out of that liability and we want to make it very clear that the enforcement for that, the consistency or inconsistence in that, does not rest with us. It rests with the state, and that’s where it belongs. It doesn’t belong with us. So, I think we’re trying to do something to help what you’re suggesting and as to clarify it and make it work for everybody, but not to put the City of Weirton in the position of having potentially have a lawsuit filed against us. And, that’s what could happen if we continue to not meet the state requirements as we have been from 2003 and I think and in closing on that, I took an oath of office. And, my oath of office said that my responsibility to this community is to enforce the laws as I know them to be. And, since we are now aware of the fact that the state improvement program does not allow a lot of the burning that’s been taking on in this community, then how do I as a city, responsible individual, allow that to continue to happen? I can’t do that. So, we’re trying to find a way to meet those kinds of situations you’re describing, but we’re also trying to find a way to stay true to our oath and to maintain our responsibilities to the law. So, I’d ask you to think of that, think about that.”
Mr. Cross commented, “You know, I need you to think about the spontaneous…
CROSSTALK Mr. Maher commented, “Excuse me…
Mayor Harris commented, “Sir…
Mr. Cross commented, “I know, but he…
Mayor Harris commented, “Sir…
Mr. Cross commented, “…he just, he, my friend…”
Mr. Maher commented, “Mayor.”
Mayor Harris commented, “Sir, you need to sit down. You had your chance to speak.”
Councilmember Fijewski commented, “So, I’d just ask you to think about that.”
Mr. Klar commented, “I have given it a lot of thought, and I understand, I think, your position, and aspects of it I totally agree. But, like I said I really do think that the way the ordinance is set up, it’s going to restrict me from having my campfires.”
Councilmember Fijewski commented, “I understand that.”
Mr. Klar commented, “I don’t build bon fires. And, I really don’t think, unless the state of West Virginia has misleading information on their website, I really, and maybe it’s antiquated, but the information that they have currently on their website doesn’t go along with the city ordinance, and the city ordinance is far stricter than the state law. In my opinion I believe it says it is, because I do believe that the state law says everything it needs to say for the City of Weirton as well. And, as I said, if I’m a nuisance to my neighbors, certainly the city, police or fire, have the authority to come up and say, ‘Mr. Klar, you need to put that fire out because your neighbor has a respiratory problem.’ But, in the same light, I would have to believe…”
Councilmember Fijewski commented, “Scott, I’m here to tell you that my seven months I’ve been in office I can’t tell you how many times that situation has occurred. But, unfortunately, the neighbors do not have the same behavior and they do not react in the same way you’re suggesting you would. So, we have to deal with the whole city, not just with one person.”
Mr. Klar commented, “Well, in those…”
Councilmember Fijewski commented, “I, I, we’ve exceeded our time limit.”
Mr. Klar commented, “Ok. I’m sorry.”
Councilmember Fijewski commented, “I appreciate it. Thank you for listening to me.”
APPLAUSE
Mr. Kessler Cole 412 Effa Street, Weirton, WV (Former Fire Chief): Re: Open burning Mr. Cole commented, “Kessler Cole, 412 Effa Street. I’m opposed to the ban that you got on open burning also. As Mr. Fijewski says, all open burning through the state, why do you not put a ordinance through to say that it’s turned over to the state, not to ban all open burning. I’ve got pits in my backyard that I burn through the summertime. I’ve also got a fireplace. My fireplace probably puts out more smoke than it does in my fire pit. My fire pit has got a chimney on it. It’s got a rotisserie in it. It’s two hundred and fifty foot from my house. I burn it through the summertime. So, if you’re concerned about the open burning that we’ve discussed before, don’t bring it up as an ordinance through City Council. Bring it up and say we turn all burning permits over to the EPA and let them make the decision. Pull the open burning. I think it’s an illegal ordinance. The state does give me permission to burn for food, certain areas to clean up. You say it’s restricted. You want to pass an ordinance to say that ban all open burning. On the other hand you told the guy go to EPA. If the City of Weirton passes an ordinance and says all open burning is banned the EPA is not going to issue you a permit. So, I would say…”
Councilmember Kondik commented, “State law supercedes city law in this?”
Mr. Cole commented, “…reword your ordinance and let the EPA take care of all permits.”
Councilmember Kondik commented, “State law supercedes the city.”
Mr. Gurrera commented, “State law supercedes…”
Mr. Cole commented, “Thank you.”
APPLAUSE
Mayor Harris commented, “Vince Gurrera, do you have a comment to make, because I couldn’t hear you?”
Mayor Harris commented, “Do you have a comment?”
Councilmember Kondik commented, “My comment was to our City Attorney, does the state law not supercede city law?”
Mr. Gurrera commented, “State law would supercede city law. However, city, the city is not, my reading of this, is not banning all open burning. It is banning open burning without a Division of Air Quality permit, which is what you always had to get. All we are doing is actually eliminating one of the steps of saying our fireman…let’s assume that a fire, that the fire department give someone a permit to burn, an we were involved in that. And, that person is burning and the neighbors are getting sick, and all this stuff is happening. That same fireman now has to go up to the person and say, ‘Stop burning.’ It puts the fire department in a bad situation. They gave the permit, and now they’ve got to take away the permit. What this is basically saying the same way that any state law would say, it’s like saying you, you can’t drive your car unless your car has headlights, and interpreting that as saying well no one’s allowed to drive. That’s not what it’s saying. It’s clearly saying that open burning is permitted with a Division of Air Quality permit. I mean I…”
Councilmember Fijewski commented, “Federal…”
Mr. Gurrera commented, “…I don’t…”
Councilmember Fijewski commented, “Federal Register, Volume 68, Number 27, dated February 10th, 2003, Rules and Regulations refers to the West Virginia Summary Improvement Program that was submitted by the state on, in 2001. It was approved by the EPA for April 11th, 2003. It states, and I quote, ‘Section IV, a section titled, Inconsistency Between Rules’ allows a director to determine applicability of conflicting rules. So, it’s up to the director to decide if there’s any conflicting rules. And, that’s stated in the law.”
Mr. Cole commented, “Right. Could I respond?”
Councilmember Fijewski commented, “You say right. That’s not what you said before. You said that they didn’t have that right.”
Mr. Cole commented, “Could I respond sir?”
Mayor Harris commented, “Yes, go ahead.”
Councilmember Fijewski commented, “Be my guest.”
Mr. Cole commented, “The only thing that I’m telling you, why create an ordinance when you’re turning something over to a state agency to ban open burning. Prepare an ordinance to say that all burning permits will be obtained through the State of West Virginia’s EPA. If you take out the open burning clause for the City of Weirton, let the state make the decision. Take yourself out of the liability.”
Councilmember Fijewski commented, “Did you read section one?”
Mr. Cole commented, “Sir, I’ve read it.”
Councilmember Fijewski commented, “Then, if you read section one, why would you make a statement like that? It reads that, ‘no person shall be permitted to have any open burning in the City of Weirton unless and until they have obtained a permit from the Division of Air Quality of the West Virginia Department of Environmental Protection.”
Mr. Cole commented, “And, I agree with you sir. I’m saying, rather than you pass an ordinance, pass an ordinance to say let the state make the decision. Get the permit directly from the EPA.”
Councilmember Ash commented, “Mr. Cole, that’s what I, I read the ordinance over and over again. And, what you’re saying is in my interpretation of this ordinance is exactly the same thing.”
Mr. Cole commented, “Thank you Councilman. I’d just like to make the point, in my opinion, there was no need to prepare an ordinance in the City of Weirton against open burning if you’re turning it over to a state agency. If you need a resolution or something, make a resolution from no on open burning or any type of burning will be permitted through the State of West Virginia. Thank you.”
Mayor Harris commented, “Thank you.”
APPLAUSE
Councilmember Fijewski commented, “The last point I’d like to make, and that is I don’t want to debate this thing any further, but it’s my understanding and I think I have a copy of it here. There is a current ordinance on the books talking about issuing, City of Weirton ordinance, that’s on the books. I have it here. Article 15.05, Open Burning, Subsection 15.05.02. So, if we don’t do an ordinance making a change in the way that we do business, this ordinance would be, which was done I think back…”
Councilmember Marsh commented, “Seventy-three.”
Councilmember Fijewski commented, “Thank you. Nineteen seventy-three stays in effect. So, we need to say that this is no longer in effect.”
Mr. Gurrera commented, “And, the purpose of the new ordinance is also to permit the fire department to go there and make an inspection of the place even after, even though the Division of Air Quality’s made their permit, and it also assesses what the punishment is for it.”
Mrs. Pam Smoljanovich 1805 Pennsylvania Avenue, Weirton, WV: Re: Open burning Mrs. Smoljanovich commented, “Good evening, Mayor and City Council. I’m here as well to talk about this proposed ban on open burning. It’s obvious that there are a lot of people concerned about this issue. This family that has spoken has obviously been affected by a neighbor that’s been burning, and it sounds like a bad situation. If they called my office and came to me and complained about these things, I might be calling you for a different reason. I might be up here for a different reason. So, I sympathize with them. But, I also sympathize with everybody else here and in the town that has been conducting open burning, having campfires, because I think, with all due respect to Mr. Fijewski, I wasn’t aware that City Council’s job was to enforce the law. I thought City Council’s job was to look at the needs of its citizens and pass ordinances that met the needs of all its citizens. And, it’s up to the Weirton Police Department and City Court to enforce those laws, and in this case with kind of an ordinance, perhaps the Fire Department. If you ban open burning, and I’ve read that ordinance several times, and I understand why these gentlemen got up here and said what they said. Because, the first sentence in it basically says it’s a ban on open burning. Then when you get down towards the middle it says you can call the DEP. That scares people. Not everybody up here is as knowledgeable about the law. Not everybody here has read the CSR. I read it. What I think the CRS, first of all the CSR has to do with air quality, not fire control. So, we have two separate issues here. But, if you pass an ordinance to clarify things, and you have an ordinance that says, ‘open burning may not be conducted if it causes harm to the safety or of your neighbor’s health, property, comfort, you give yourselves some leeway to say, ok, if these gentlemen here and this woman that came up and talked about her health. If they are being harmed by a neighboring fire, then the police department and fire department, whoever’s control it is, they can go there under and ordinance and tell them to stop. If that ordinance is reasonable and it says that you cannot have a campfire or any kind of a fire pit or an open burn that is harming your neighbor, or that is going to be a hindrance to their property if somebody’s burning close to a garage. But, your job, I think, is to balance the needs of all the citizens, balance the needs of people that are burning responsibly against the needs of people being harmed by people burning irresponsibly. You know, if people are discouraged from clearing their land without a permit, people have to get a permit anyway. But, if you can’t clear your land, then you’re going to have snakes, rodents, disease. It’s going to be a breading ground. People are going to stop picking up, you know, downed trees and brush and burning it. I heard somebody say that if you have a practical alternative to open burning, it’s ok. There’s no practical alternative to open burning. If you rent a chipper in this town, there’s two chippers available. One’s in Weirton and one’s in Steubenville. They are expensive. They’re dangerous. Not everybody knows how to use them. So, I know a lot of people that have not just campfires, but small burns to clear their property a little bit day by day. If you discourage them from doing that, they are not going to go and get a chipper, because they’re not going to be able to get one. They’re not going to be able to afford one. And, you are basically going to have people letting this debris lay around. It’s unsightly and, like I said, it attracts rodents, snakes and breeds disease. If you pass an ordinance that specifically says that you cannot affect the health, safety, comfort and property of your neighbors…”
TIME EXPIRED
Mrs. Smoljanovich commented, “…that is going to be sufficient. And, with the big burns, people can still get a permit. And, I would just like to add, if you put the permit process into the hands of the DEP, and you take it out of the local fire department’s hands, but then you tell the fire department they are responsible for enforcing it, you are going to get more confusion, and you are going to have a harder time enforcing the law if you have one body of state government that is making, giving you the permit, and you have another body of city government that is enforcing the permit. I think it is an overreaction to some isolated complaints to completely ban campfires, and the new ordinance does not permit campfires and the new ordinance does not permit barbeque grills. I have read it. It does not say it. And, the state law does not require you to get a permit for a barbeque grill or a campfire. I appreciate your time, and I hope that you use reasonable efforts in trying to determine what is best for everybody in the city and not just a few.”
APPLAUSE
Mayor Harris commented, “Thank you.”
Ms. Debbie Zagula 208 View Avenue, Weirton, WV: Re: Open burning Ms. Zagula commented, “I will defer to what my sister and all the rest of the people said that are opposed to the ordinance on the burning.”
OLD BUSINESS
Ordinance No. 1564 (2nd Reading) 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 Kondik. The motion carried by majority, 6/0.
Ordinance No. 1565 (2nd Reading) 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 Kondik. The motion carried by majority, 6/0.
Ordinance No. 1566 (2nd Reading) PROHIBITING THE INSTALLATION AND USE OF OUTSIDE BOILERS WITHIN THE CITY LIMITS OF WEIRTON
Motion was made by Councilmember Marsh, second by Councilmember Kondik. The motion carried by majority, 4/2, with Councilmember Ash and Councilmember Dalrymple voting no.
Ordinance No. (NEW) RESTRICTING OPEN BURNING IN THE CITY OF WEIRTON Motion was made by Councilmember Fijewski, second by Councilmember Ash.
Councilmember Dalrymple commented, “I have a comment Mayor. I’m doing something that I normally don’t do, and I’m switching gears in mid-stream. I voted in favor of this to begin with, and under further consideration. Through the month talking to other individuals and really thinking over the subject, not really liking the way the ordinance is written myself, I am going to vote against it. I hear the concerns from both sides, and both are legitimate arguments. I am going to go with not favoring this ordinance because I do feel that we are infringing on caveman rights that Mr. Cross had brought up. And, I think this thing needs to be looked at again, not being as restrictive as it is.”
Mayor Harris commented, “Thank you Councilman.”
Councilmember Marsh commented, “I’d like to make a comment too. Councilman Fijewski, you and I had a discussion on Friday about some language in this, and I have let at my expense, believe it or not, a couple of lawyers look at this. And, the problem comes down to some words in it. And, what I want to say, and I had a discussion with Mr. Carducci on Friday too. Basically, the point that no person shall be permitted to have any open burning in the City of Weirton is where our sticking point is. 45-CSR-6 permits certain kinds of burning if it doesn’t create a nuisance and if it is not prohibited by local ordinances. Mr. Carducci gave me his opinion that we are prohibiting those kind of burns. And, for that reason I’m going to change my vote too. And, the second reason is we have no communication between our enforcement vehicle and the people that issue the permits at this point, and I think that’s something that needs to be addressed.”
Councilmember Ash commented, “We’ve now had multiple interpretations of the law, and I always refer to the City Attorney with these type of things, and from what I understand, the ordinance, the way it’s written, does not violate any state laws. Is that correct?”
Mr. Gurrera commented, “That is correct.”
Councilmember Ash commented, “Thank you. I guess the other thing I’m concerned about is we put a moratorium on it I think it was back in December. Am I correct?”
Councilmember Fijewski commented, “December 10th.”
Councilmember Ash commented, “Excuse me.”
Councilmember Fijewski commented, “December 10th.”
Councilmember Ash commented, “Why has it taken so long between December and now March, all of a sudden there’s different opinions and different ideas based on what you think the law is and what the City Attorney thinks the law is?”
Councilmember Fijewski commented, “I’d just make one point under this for reference. A comment was made earlier about the health and welfare of people. Under current existing ordinance and Article 15.05.02, Burning on Private Property, which I referenced earlier, there’s a section in there that states, it’s Section A, 2, Subsection B, that before you can do any of these burns, allegedly, the health, safety, comfort and property of persons are protected from the effects of such burning. And, I’m here to tell you that there’s no time, no way, no how, that in the seven months that I’ve been a part of this that any time someone received a burn permit was the health, safety, comfort of property owners taken into consideration. I can give specific examples of events where large scale burns occurred where the woman who was within ninety feet of the property who had asthma was being adversely impacted. And, the gentleman who was in the house next to her had one lung. And, it didn’t stop the homeowner from burning the material. And, it was the second time it was brought to the attention of the homeowner. The problem in that situation, for example, was that the person was issued a burn permit by the City. And, then as Council has appropriately pointed out, you give them a permit to do it. It wasn’t followed. The people who live in close proximity to that, like the woman who spoke earlier, one with asthma, one with one lung get aversely impacted, and what did they do an hour after the burn occurs, and they’re sucking up all that smoke. Both of them became very ill. What do we do? What do we do? Nothing. It’s up to them to go out and file a civil suit. It’s up to them according to the ordinance that is in place. It’s up to the neighbor who is adversely impacted to go after that individual and it’s up to them to proceed legally to try to get regress. So, why should they have to incur the cost and the fees associated with doing that kind of activity? We force them to do that. We force neighbor against neighbor. And, I just would like to let everyone know that as it was pointed out, we just got finished voting on banning the furnaces. This City just passed an ordinance that says that we can’t smoke in the City building. We can’t smoke in City vehicles, restaurants. Weirton Medical Center is passing no smoking on their property. But, somehow we want to be able to continue to burn. My last comment is, in my opinion, the only person that is happy with the burn is the person who’s burning. Their neighbors aren’t happy, because they have nothing to say about it. So, I thank you.”
Mayor Harris commented, “Thank you. Any other comments?”
Mayor Harris requested a roll call vote.
ROLL CALL VOTE
Councilmember Ash Yes Councilmember Marsh No Councilmember Jones No Councilmember Dalrymple No Councilmember Fijewski Yes Councilmember Kondik Yes
The roll call vote resulted in a tie, 3/3.
Mayor Harris commented, “After my long hours spending with the City Attorney I believe that, you know, before I believe that we were, we were not obeying the law that’s in effect at this time. So, if this is my vote, I vote yes.”
The motion carried by majority, 4/3, with Mayor Harris breaking the tie.
Ordinance No. 1568 (2nd Reading) 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 Ash, second by Councilmember Fijewski.
The motion passed by majority, 6/0.
Ordinance No. (Tabled 02/11/2008) ESTABLISHING REGISTRATION AND INSPECTION OF RENTAL HOUSING UNITS WITHIN CENSUS TRACT 302, CITY OF WEIRTON, WV
Mayor Harris commented, “Can I get a motion? Can I get a motion? Can I get a motion?”
The ordinance died for lack of a motion.
NEW BUSINESS
Ordinance No. (New) ESTABLISHING REGISTRATION AND INSPECTION OF RENTAL HOUSING UNITS WITHIN WARD IV, CITY OF WEIRTON, WV.
Motion was made by Councilmember Ash, second by Councilmember Marsh. The motion carried by majority, 5/1, with Councilmember Jones voting no.
Ordinance No. (New) AMENDING PART V: GENERAL OFFENSES CODE / CHAPTER 1: GENERAL OFFENSES BY ADDING ARTICLE 509.11: CHARGE OF SIMPLE POSSESSION OF CONTROLLED SUBTANCES. Motion was made by Councilmember Ash, second by Councilmember Marsh. Councilmember Ash commented, “I’d like to thank the City Attorney for these three ordinances he’s put out. They’re very good, and I think that they could deter some of the problems we have in the City of Weirton. So, I really appreciate the work he’s done on them.” Mr. Gurrera commented, “Thank you.” The motion carried by majority, 6/0.
Ordinance No. (New) AMENDING PART V: GENERAL OFFENSES CODE / CHAPTER 1: GENERAL OFFENSES BY ADDING ARTICLE 509.12: CHARGE OF POSSESSING DRUG ABUSE INSTRUMENTS. Motion was made by Councilmember Ash, second by Councilmember Fijewski. The motion carried by majority, 6/0.
Ordinance No. (New) AMENDING PART V: GENERAL OFFENSES CODE / CHAPTER 1: GENERAL OFFENSES BY ADDING ARTICLE 509.13: FEE FOR THE SEIZURE AND/OR IMPOUNDMENT OF VEHICLES. Motion was made by Councilmember Ash, second by Councilmember Jones. The motion carried by majority, 6/0.
Ordinance No. (New) ESTABLISHING THE CITY OF WEIRTON HALL OF FAME COMMITTEE. Motion was made by Councilmember Ash, second by Councilmember Jones. Councilmember Fijewski commented, “Should the ordinance pass, I want to ask that as you recall, the appointment process for the committee members requires or provides that each Council person is allowed to appoint one person to the committee. So, I would suggest Mayor if, that we try to do that as quickly as we could, and give the City Manager or the Mayor those names. Again, they’re appointments. They’re not nominations. And, so we could get the committee finalized and formalized to move on with its work as early as possible. Thank you.” Councilmember Ash commented, “Another thing I’d like to suggest, because this is an ordinance and not a resolution, we have another thirty days to pick the person.” Councilmember Fijewski commented, “Yes. We do. I just was trying to see if, you know, we could try to expedite this as much as possible to allow them to get on with their work.” Councilmember Ash commented, “Right.” Councilmember Fijewski commented, “So, whatever. Thank you.” Mayor Harris commented, “Thank you.” The motion carried by majority, 6/0.
Resolution TO AUTHORIZE THE TRANSFER OF FUNDS RECEIVED BY THE CITY OF WEIRTON FROM THE STATE OF WEST VIRGINIA THROUGH THE OFFICE OF THE ATTORNEY GENERAL TO THE WEIRTON BOARD OF PARKS AND RECREATION TO BE UTILIZED FOR THE THOMAS E. MILLSOP COMMUNITY CENTER RENOVATION PROJECT. Motion was made by Councilmember Fijewski, second by Councilmember Jones. The motion carried by majority, 6/0.
Resolution TO ENTER INTO SUPPLEMENTAL AGREEMENT 1 WITH THE WEST VIRGINIA DEPARTMENT OF TRANSPORTATION, DIVISION OF HIGHWAYS FOR IMPROVEMENTS TO PENCO ROAD. Motion was made by Councilmember Marsh, second by Councilmember Ash. Councilmember Marsh commented, “Gary, did you receive the plans for that?” Mr. DuFour commented, “No, I did not receive a copy of the plans.” The motion carried by majority, 6/0.
Resolution AUTHORIZING APPLICATION AND ACCEPTANCE OF WEST VIRGINIA LEGISLATIVE DIGEST FUNDS FOR THE WEIRTON THOMAS E. MILLSOP COMMUNITY CENTER ($40,000). Motion was made by Councilmember Marsh, second by Councilmember Jones. The motion carried by majority, 6/0.
Resolution AUTHORIZING THE ACCEPTANCE OF A CONTRACT FOR WEST VIRGINIA LEGISLATIVE DIGEST FUNDS FOR THE WEIRTON THOMAS E. MILLSOP COMMUNITY CENTER ($150,000). Motion was made by Councilmember Fijewski, second by Councilmember Jones. The motion carried by majority, 6/0.
Resolution AUTHORIZING THE ACCEPTANCE OF A CONTRACT FOR WEST VIRGINIA LEGISLATIVE DIGEST FUNDS FOR THE PURCHASE OF THE DUNBAR CENTER BY THE HISTORICAL MUSEUM, INC. ($25,000). Motion was made by Councilmember Ash, second by Councilmember Jones. The motion carried by majority, 6/0.
Resolution TO ENTER INTO CONTRACT FOR CITY-WIDE MILLING AND PAVING WITH KELLY PAVING, INC., 4260 FREEDOM WAY, WEIRTON ($1,027,090.00) Motion was made by Councilmember Ash, second by Councilmember Marsh. The motion carried by majority, 6/0.
APPONTMENTS TO VARIOUS BOARDS AND COMMISSIONS
YOUTH ADVISORY COMMISSION
Dr. Rudiger Term: 04/01/2008 – 03/31/2009 3714 Woodlawn Way Weirton, WV 26062 (Sponsored by Councilmember Marsh) Motion was made by Councilmember Marsh, second by Councilmember Fijewski. The motion carried by majority, 6/0.
Mr. Michael Chek Term: 04/01/2008 – 03/31/2009 165 Campbell Lane Weirton, WV 26062 (Sponsored by Councilmember Ash) Motion was made by Councilmember Ash, second by Councilmember Marsh. The motion carried by majority, 6/0.
ADMINISTRATIVE REPORTS
WATER AND SANITARY BOARDS –
Mr. Mastrantoni commented, “Nothing further to add sir.”
Mayor Harris commented, “Any comments for Butch?”
Councilmember Marsh commented, “Yes. I have some comments. The paving list is coming out. I don’t want to see what happened on a couple streets last year. Do you want us to submit the list to you, or are you going to tell us what streets you need to get into and work on before they get it paved.”
Mr. Mastrantoni commented, “I haven’t seen the list yet, so as soon as the list is completed it would be beneficial that we look at it so we can coordinate our, our efforts to contribute to your efforts, so that we’re not out there chopping these streets up again.”
Councilmember Marsh commented, “Ok. And, the reason I asked that was that valve box on West Belleview. Did that get corrected, or...?”
Mr. Mastrantoni commented, “Yes, sir.”
Councilmember Marsh commented, “Did it? Good. Ok.”
Mayor Harris thanked Mr. Mastrantoni.
LIBRARY BOARD –
No one was present from the Library Board.
CODE ENFORCEMENT DEPARTMENT –
Mr. Rosnick commented, “Nothing to add.”
Mayor Harris commented, “Any comments for Rod? Thank you.”
FIRE DEPARTMENT –
Chief Lashhorn commented, “Nothing else. The only thing I wanted to ask the Council is I’d to have some direction on how you want us to enforce this burning issue. The comments that Councilman Marsh made as far as if we are going to allow the citizens to get permits through the State of West Virginia, that’s fine. I don’t have a problem with that. The problem our agency may have is if we respond to a call for that, (a) not knowing that it would be a controlled burn, and (b) to make sure that we have the guidelines by the...”
Councilmember Fijewski commented, “Chief, excuse me for interrupting you. But, two weeks ago I asked Gary DuFour that should the resolution or the ordinance pass, I specifically asked that he have a meeting with yourself, Chief of Police, and Councilmember that wanted to appear, City Attorney, Mayor and himself to do just that. So, Gary, am I wrong in assuming that’s something you’ll be doing in the near future? Thank you.”
Mr. DuFour commented, “For the record, we expect to set up an email link with the DEP where they will be advising the Fire Department with, email link to the DEP, and we’ll get to that…”
Councilmember Fijewski commented, “And, and if I could just close Chief, as I said, Senator Bowman is talking with the DEP officials in Charleston to see whether or not we can get one of those representatives here in the state building on, you know, an occasional basis or a weekly basis or whatever to make sure that that is helpful for you and others as well.”
Chief Lashhorn commented, “Thank you.”
Councilmember Fijewski commented, “You’re welcome.”
Councilmember Marsh commented, “Chief Lashhorn, would you please thank yesterday’s daylight crew at the headquarters station for cleaning the sidewalks here at the City Building with that, what is it, goat, mule…”
Multiple individuals commented, “Mule.”
Councilmember Marsh commented, “Yes. Thank you very much.”
Councilmember Fijewski commented, “What is that?”
Councilmember Marsh commented, “It’s a four wheel drive elephant.”
POLICE DEPARTMENT –
Chief Marshall commented, “I have nothing to report, sir.”
Mayor Harris commented, “Any comments for the Chief?”
Mr. Gurrera commented, “I would like to thank the Chief, Detective Alexander, and also Detective Grishkevich who worked with me on the three ordinances. I think, well, I find it odd that a lot of people got up today and talked about different health issues in Weirton and things like that but didn’t bring up the fact that we’re trying to eliminate heroin and drugs from the City of Weirton. I think that if you’re going to talk about some of those things that you also have to talk about how important that issue is.”
Mayor Harris commented, “I’d also like to thank you. The Police Department’s doing a great job.”
Chief Marshall commented, “Thanks.”
PUBLIC WORKS DEPARTMENT – Mr. Brown commented, “Mayor, I’d just like to add that we’ll have yard waste starting the first of April (unintelligible). And, I’m going to be announcing next week the Spring Clean Up, but I don’t want to give the dates just yet.”
Mayor Harris commented, “Thank you.”
Councilmember Dalrymple commented, “How’s the salt supply?”
Mr. Brown commented, “Pardon.”
Councilmember Dalrymple commented, “How is the salt supply? How many? How many hundreds of tons do we have left?”
CROSSTALK
Mr. Brown commented, “I probably put on the City streets this weekend, Friday afternoon through Sunday, about five hundred fifty tons. I probably have about two and a half left. This morning at seven o’clock I loaded the back office with two hundred tons. I have at Starvaggi’s storage about forty tons. That was my backup. So, I have made other calls to do other things in case. This weekend, it looks like we’re going to get some flakes, but for the last four weekends we have been on the roads around the clock. And, I compliment my crew.”
Councilmember Dalrymple commented, “So do I.”
Councilmember Fijewski commented, “John, I’d like to also like if you would extend to your staff as well by the Seventh Ward, and I appreciate all your efforts. And, we had some situations, but they were quick to react. I appreciate that, and they did a great job for us. Thank you.”
Mr. Brown commented, “Well, we certainly appreciate that, and if you go out there and you watch those trucks working in semi-blizzard conditions, and how they get through the streets, it’s a miracle.”
Councilmember Fijewski commented, “Thank you John.”
Mr. Brown commented, “And, no accidents, well, we had a couple of incidents…”
LAUGHTER
CROSSTALK
Mr. DuFour commented, “There’s a tree missing.”
Mr. Gurrera commented, “He didn’t go to law school. They’re all accidents.”
LAUGHTER
Mayor Harris commented, “Thank you for your hard work John.”
Mr. Brown commented, “Thank you.”
Councilmember Fijewski commented, “Great job.”
PARK BOARD –
Mr. Weigel commented, “I just wanted to take a second to thank you and Gary and the Councilmen who came over last Thursday to the Senior Heath Expo that we had over at the Community Center. It was very well attended by the community. A lot of people came through there. And, thank you for taking your time to participate. I know you had a lot of people who spoke to you and everything, and I thought it was a real, real good event, really well received by the community. We have been doing it annually and continue to do that. They really seem to enjoy it, so thank you.”
Mayor Harris commented, “Any comments?”
Finance Director
TREASURER’S REPORT
Debbie Swanson provided the treasurer’s report for January 2008:
Beginning Cash Balance: 823,283.99 Interest: 891.85 Deposits: 1,043,330.64 Disbursements: (1,192,720.95) Ending Cash Balance: 674,785.53 Beginning Investment Balance: 1,157,597.53 Ending Investment Balance 1,157,597.53 Petty Cash Fund: 700.00 Total Cash and Investments Available: 1,833,083.06
Ms. Swanson stated that at the time that the report was completed the interest in the investments report had not come in, so that will be updated for Council next month. She also stated that there were no bills to approve.
Motion to approve the financial reports and approve all department administrative reports was made by Councilmember Dalrymple, second by Councilmember Ash. Motion was carried by majority, 6/0.
Motion to adjourn the meeting after the closing prayer was made by Councilmember Dalrymple, second by Councilmember Fijewski. The motion to adjourn passed by majority, 6/0.
ADJOURNMENT
With no further business before this March 10, 2008 regular session of the Weirton City Council the meeting was adjourned after the closing prayer.
|