WEIRTON CITY COUNCIL
COUNCIL MEETING - REGULAR
MONDAY, APRIL 07, 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, April 07, 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 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
APPROVAL OF MINUTES
A motion was made by Councilmember Ash and second by Councilmember Jones to approve the minutes of the: March 10, 2008 – Regular Council MeetingMarch 18, 2008 – Special Council MeetingThe motion carried, 7/0.
MAYOR’S AWARDS AND PROCLAMATIONS
Mayor Harris commented, “At this time, is somebody here from the Weirton Elks? Will you step forward please?
City of Weirton Office of the Mayor Proclamation
Whereas, the Benevolent and Protective Order of Elks has designated the first week in May as Youth Week to honor America’s Junior Citizens for their accomplishments, and to give fitting recognition of their services to Community, State and Nation; and Whereas, Weirton Elks Lodge #1801 will sponsor an observance during that week in tribute to the Junior Citizens of the City of Weirton; and Whereas, no event could be more deserving of our support and participation than one dedicated to these young people who represent the nation’s greatest resource, and who in the years ahead will assume the responsibility for the advancement of our free society; and Whereas, our Youth need the guidance, inspiration and encouragement which we alone can give in order to help develop those qualities of character essential for future leadership; and go forth to serve America; and Whereas, to achieve this worthy objective, we should demonstrate our partnership with Youth, our understanding of their hopes and aspirations and a sincere willingness to help prepare them in every way for the responsibilities and opportunities of citizenship. Now, therefore, be it resolved, that I, Mark Harris, Mayor of the City of Weirton, Hancock and Brooke Counties, West Virginia, and on behalf of the City Council do hereby proclaim the week of May 1 through May 7, 2008 as: YOUTH WEEK And urge all our citizens, departments of government, civic, fraternal and patriotic groups to participate wholeheartedly in its observance. In witness, whereof, I have hereunto set my hand and caused the Seal of the City of Weirton to be affixed this Seventh day of April, 2008.”
APPLAUSE
Mayor Harris requested that the Weir High School Girl’s Basketball Team approach the podium so that he could present them with an award.
CITY OF WEIRTON MAYOR’S AWARD
For the first time in the history of Weir High School, the 2007-2008 Weir High Lady Riders Basketball Team advanced to the West Virginia State Tournament via back to back overtime victories in sectional an regional games by defeating Oak Glen and then Tyler Consolidated. While in Charleston, they defeated Berkeley Springs, then fell to the number one team in the State, Summers County in a valiant effort going further than no other Weir High Girls Basketball Team had ever gone before. We would like to congratulate them for this remarkable accomplishment, thank them for bringing honor and distinction to the City of Weirton and wish them continued success in the future.
BILL SMITH, HEAD COACH SHARRON GIANESSI CIARA JONES SARAH KUHNS COURTNEY RICE ALI BOBALIK KASSI ROBINSON PAIGE DALRYMPLE SHAQUANA GRAY BOBBIE JO JULIAN BRITTANY BAILEY LYNN HANS SHAMECA GRAY LEAH DANKOVCHIK NIKKI ROBINSON JANELLE JONES KAITLYN PITCHOK WHITNEY ALBOSZTA
APPLAUSE
Mayor Harris presented the certificates the team members and the coaches.
The team was photographed by Gio Rossi of the Weirton Daily Times.
Mayor Harris thanked the team, and the team thanked Mayor Harris.
The Assistant Coach commented, “I want to take a minute to say thank you. Coach Smith had a previous engagement that he had to go to, so obviously we were happy to come. Representing Weir High and Madonna and Oak Glen and all of the schools in the area, it’s always a pleasure. And, sometimes if you’re in this business very long, you know that were very fortunate. Weir High’s had some very good basketball teams, boys and girls, in the past. And, they’ve had some great girl’s basketball teams in the past, some great coaches. Bill Smith has been doing this for, I think, fourteen years. I’ve been with him for two. He’s had some great teams over the years and sometimes things don’t work out in athletics, and the double-edged sword is the sharp sides on your side. This year we were very lucky, very fortunate. The girls played an amazing finish to a season that was average. And, so when we got a chance to go to the tournament it was a thrill for them, for the coaches and the families, and indeed those, all those other girls, those girls from Oak Glen that lost a tremendously disappointing game. To lose in double overtime with no time on the clock is a game they will always remember and we will too. And, the Tyler Consolidated girls had by far the best team all year. They lost in a gut wrenching loss last year and in a double overtime loss this year. They will never forget that game. But, our girls and the families that were with them will never forget the game either, because we happened to come out on the good side. And, thanks for having us. It’s nice to see that you guys are watching them. They’re a great group of kids. We try to do things that help them down the road. It’s more than just basketball. It’s just like everything else that goes on in the school systems. Thank you for your time and your honor.”
Mayor Harris commented, “You did a great job. Thank you.”
The Assistant Coach commented, “Thank you.”
APPLAUSE
COMMUNICATIONS
Mayor Harris commented, “I’ll make a few comments, and then I’ll open it up to City Council. At this time, we had a gentleman that worked for us for about forty years, great service. His name was John Mac Brown. He was our maintenance supervisor, and he passed away the other day. So, I’d like to have a moment of silence for him please. Thank you. Also, a few more comments. The Lee Day Report Center, I’d like to thank them for all their work they had done downtown. They cleaned up on Main Street, and they did parts of Washington and Market. They did a great job. Also, John Brown helped supervise, and he had a gentleman out with him. Who was out with you in the truck John?”
Mr. Brown commented, “One of my part timers.”
Mayor Harris commented, “Will you thank him for us?”
Mr. Brown commented, “Yes. Absolutely.”
Mayor Harris commented, “Thank you. Also, Councilman Ash. He pulled a lot of this together, so I want to thank you. That was a great deal. That was a great thing that you’ve done for us.”
Mr. Brown commented, “That’s my main contact Mayor.”
Mayor Harris commented, “He did a great job pulling it all together. Thank you very much. Also, I would like to let everybody know, on May 03, 7:00 PM two groups will be playing, maybe one more. But, right now we have Odey Spring and Karen Paige. Both groups are raising money for a skate park someplace in the City of Weirton. We have three spots that we’re looking at right now. We’ll know at a later date what we’re going to do. But, at the Community Center, that function will be there. Again, it’s May 3rd, 7:00 PM, ten dollars admission. I’d like to see if we can get as many people as we can there. Thank you. Any other communication?”
Councilmember Kondik commented, “Yes, Mayor. We have a person in the audience who’s a Councilperson in Mingo Junction, Vicki Perkins.”
Ms. Peckins commented, “Peckins”
Councilmember Kondik commented, “Peckins. And, you are here why?”
Ms. Peckins commented, “On behalf of Leadership Weirton, I’d like to thank you all for allowing me to participate here. Thank you.”
Councilmember Kondik commented, “Thanks.
Mayor Harris commented, “Thank you for coming.”
APPLAUSE
Councilmember Ash commented, “Mayor, I’d like to thank the Chief of Police and the Street Crime Unit for the hard work you’ve been doing recently, and I know you’ve been doing since the day you got in office. But, the guy that you just busted was selling and I guess he was giving drugs to kids to sell to kids. And, I really do appreciate all the hard work you guys have been doing. And, my understanding is you got him on my block. Even though he lived on Weirton Heights, he was down on my block (unintelligible), so I appreciate it. And, also I do appreciate all the indictments that you guys have been working on very hard recently in the Drug Task Force. You got four of them right on my block again. We said we were going to do it, and we’re doing it. So, I appreciate it. Thank you very much.”
Mayor Harris commented, “Thank you Councilman.”
Mayor Harris commented, “Thank you.”
APPLAUSE
CITIZEN COMMENTS
Gino Guglielmo N. 12th Street, Weirton, WV: Re: Landlord Mr. Guglielmo commented, “Mayor and Council, thank you for letting me speak. I’m going to go off some kind of notes and then just ad lib here. It seems that the City Council again is trying to hold landlords responsible for actually trying to get tenants to open up their homes for inspections. It seems like they’re singling out the landlords and discriminating them and their tenants. What, for one thing I don’t know, what tenant is going to allow inspectors into their home? I can barely get in half the time myself. The ordinance seems to be constantly going after the landlords. This past two or three years, I’m speaking just for myself; I’ve invested well over a hundred thousand dollars in improvements to my properties, new roofs, new windows, new siding. I drove around with my wife. We’ve got several pictures of owner occupied homes, well over a hundred, ok, that are all, have some code infraction. If you want to clean up the city, all people should be responsible for the home, whether you own it as a landlord or you own it as owner occupied. If it’s against code, it’s against code. I was talking to a few people and I’ve talked to some Council members about this. They don’t see it’s a simple solution. If you’re living in a home, then you are responsible for the home. My leases specifically address high grass, garbage around the house, you know, putting furniture outside that doesn’t belong. They’re not allowed to do that. If they do it, they should be able to be fined by the city. You know if the same person is living in it and he owns it, ok, the city would go and fine him. Why not fine the tenant. Ok, correcting the problem is correcting where the person, you know the actual tenant. If he moves from a house, if, and I’m getting off track here, but what happened, I was addressing one of my neighbors, and I evicted one of my tenants that they were having problems with. He tore up the house, it was against, he had the grass high, so I evicted him to help the neighbor out, to try to keep everybody happy. It just so happened that the same tenant moved three doors down to a another rental unit. He continued to destroy that home. Ok, if that tenant would have been held responsible for his negligence on my property, he wouldn’t have moved three doors down and did the same thing. So, now he just destroyed two houses on the same block. So, I don’t understand why a, the city cannot fine the people that are doing the problem. The landlord’s not doing the problem. I go around my houses and if they’re paying me the rent, that’s my job, to collect the rent, keep my houses up to code. But, if they’re infracting the city code, the city ordinance by not cutting their grass, by throwing trash out in the front yard that I’m not aware of, not bagging up their trash and putting it out, then that is truly the tenant’s responsibility. So, I have a hard time understanding why the city can’t go after the person responsible for the problem. The aesthetic problem is not solely caused by the tenant or the landlord. Again, as I said, there are, I have pictures and addresses of roofs, peeling paint, chipping side on the houses that are so dilapidated and they’re owner occupied. Now, if you’re going after me to make me responsible for chipping paint, roofs that are flying into other people’s yard, then why can’t you go after those homeowners? I think they should be held just as responsible. If you want to inspect my homes, then inspect owner occupied homes. We’re all in the city together. The ordinance will not upgrade the properties of Weirton, nor will it benefit the individual neighborhoods if only the landlords are singled out. We’re not the only ones that live here. If all people are held responsible then we can actually make a difference in the city. That’s all I have to say. Thank you for listening.”
Mayor Harris commented, “Thank you.”
Councilmember Ash commented, “May I address a couple of those?”
Mayor Harris commented, “Yes. Go ahead.”
Councilmember Ash commented, “First, I want to thank you for coming, because I appreciate citizen comments. And, one thing you should know is, if you have pictures of different addresses that are owner occupied, turn them over to the code official. He’ll be glad to do his job. I know he will.”
Mr. Guglielmo commented, “I spoke with him. He didn’t want to get bombarded with one hundred at one time, he said. We’re going to turn them in five at a time.”
Councilmember Ash commented, “Well, I don’t, if you turn them in, he’ll do them when he gets to them.”
Mr. Guglielmo commented, “It’s a, you know, it’s, because it is a big…”
Councilmember Ash commented, “But, I understand that, because last year I went out and gave him a hundred and twenty-five complaints in two days, and I have no idea who owned what, and I didn’t care.”
Mr. Guglielmo commented, “Right.”
Councilmember Ash commented, “The second part is tonight we’re going to have a, for lack of better terms, a filth ordinance. If it’s owner occupied, landlords, or the resident, it makes no difference who it is. The person that’s doing it will get the ticket.”
Mr. Guglielmo commented, “So, whether it’s a tenant or…”
Councilmember Ash commented, “No matter who it is.”
Mr. Guglielmo commented, “Good.”
Councilmember Ash commented, “So, if it’s me, I’ll get a ticket, ok.”
Mr. Guglielmo commented, “Right.”
Councilmember Ash commented, “So, I’m hoping that’ll pass tonight by a seven to 0 vote. If it does, it gets started right away. If it doesn’t then we have to go through a second reading next month.”
Mr. Guglielmo commented, “As long as it states that the tenant is responsible for their garbage. I mean, I’m all for, I live in the city. I do not like driving by high grass. I don’t like driving by garbage torn up in the front yards. But, there’s no way that a landlord can police all of his properties every week, every day. It’s just impossible. I mean, for one, if I’m there cleaning it up, ok, five days later that same tenant’s going to throw the garbage right back out again. He knows I’m there cleaning it. You know, it’s the mentality of what they’re doing. If they’re throwing their garbage out there, obviously they don’t care about our city. But, if you give them a fine, and I think I spoke to you before, either you make them change their ways, or they’ll leave our city. One or the other.”
Councilmember Ash commented, “Our City Attorney wrote up an excellent ordinance. I’m hoping it passes seven, 0. If it does, they’ll start getting fines starting tomorrow.”
Mr. Guglielmo commented, “Good. Because, I mean, the city knows how to get a hold of me whenever I have an infraction. So, they can get a hold of me whenever they need…”
Councilmember Ash commented, “There will be no more seven day, fourteen day letters or whatever. It’ll be a ticket, unless they use the other system that we have now, and some Council members want that system, and that’s fine. That’s up to them.”
Mr. Guglielmo commented, “But, it will be addressed to the person living in the home?”
Councilmember Ash commented, “Yes. They’re going to knock on the door. If somebody’s there, they’re going to get the ticket.”
Mr. Guglielmo commented, “Ok. Good.”
Councilmember Ash commented, “Ok.”
Mr. Gurrera commented, “It’s any resident. They can’t say, well my name’s not on the lease. They can’t say, you know, I just stay here seven days, five days a week, and they can’t say I’m only here three times a month. If you’re there, you’re going to get the ticket. And then you can come into court and explain to the judge why.”
Mr. Guglielmo commented, “Good. That’s, I wanted that all along. You know, as I said, the city knows how to get a hold of me whenever I have an infraction. If one of my tenants has an infraction and you need to know that person’s name, I’d be more than happy to cooperated and turn over my leases, the names, phone numbers, whatever they need.”
Councilmember Ash commented, “Thank you.”
Mr. Guglielmo commented, “Thank you Mr. Gurrera.”
Karen Guglielmo N. 12th Street, Weirton, WV: Re: Landlord Ms. Guglielmo commented, “He said mostly everything I was going to say. Ok, I do have a list of fifty-nine owner occupied properties in the City that need some serious work. Twenty-nine are located in Ward 4, so far. I have spoken to the Weirton building inspectors, and they informed me that it’s their job to accept all my complaints and they will treat my complaints according to their job requirements. I also believe that you’re trying to make one group responsible. I feel that everyone should be held responsible. Tenants usually don’t register to vote. So, that’s why they don’t care. So, that’s try we always try to pacify the actual home owner. So, that’s what I believe. You don’t want to, you know, upset your voters. So, you go after the tenants. I do agree that, I do agree with Mr. Ash that the City needs home improvements, and we need to start somewhere. It would be more effective if he made every individual responsible for his or her own actions. Let’s stop pointing the finger and blaming someone else. Landlords, tenants and personal home owners live in this city. Let’s make them all responsible. Thank you.”
Thank you.”
Rick Allen 1265 Elmhurst Drive, Weirton, WV: Re: Landlord Mr. Allen commented, “Good evening. Well, you addressed on of the issue that I was coming about, and that was the garbage, rubbish and issuing the immediate fines or whatever, and I’m glad to hear that it’s not going to be responsible. You’re saying that it’s going to be the resident of the house. I want you guys all to know, I love Weirton. I love downtown Weirton. Downtown Weirton, there’s nothing like it. As Geno said, we landlords have put in, I know in the six figures, almost all of us in fixing up this downtown area. I don’t think there’s many people in Weirton that have put as much money into keeping these houses and stuff downtown Weirton the way we do, of our own money. That money is ours. We put it into fixing up the downtown. I see there’s a couple things you guys have recently decided to start walking the downtown area and inspecting all the houses. Somehow, again, we’re going to get discriminated against here. I feel that you need to walk Marland Heights, which is where I live. You need to go up to Weirton Heights. You need to go to Weircrest. How can you discriminate just against us? Which, I own more properties in downtown Weirton than I do up on the hill. I got a letter the other day from an inspector, and I’m, some of the things that these inspectors do I do question their, where their background is, how they know what they know what they know about houses, structure and whatnot. They tell me to tear down a retaining wall, fix it, this retaining wall, and I bought that house probably going on twenty years ago. It has not moved in twenty years. It’s one of the large stone retaining walls. It has a couple cracks in it. It’s not going anywhere. I don’t know, you know, and I’m sure several of you have replaced retaining walls. You’re talking thousands of dollars. Every little block costs two dollars and it covers that big of an area. Ok. They said to fix the sidewalk. I just went down and looked at it. There’s no high spots in the sidewalk, no missing concrete. There’s some cracks. If you go on Main Street in front of the library out here, several places, much much worse than my property, much worse. They send me a letter. You have thirty days to fix this. All right. I leave for work in the morning at seven thirty. I get home at seven thirty at night. I spend all weekend with these rental properties, and I have quite a few. I don’t know how you guys think that in thirty days someone could just come in, have the money in their pocket, first off, the thousands of dollars, tear this wall down, rebuild this wall and go on with it. I got another letter from you guys, and I say you guys, but the City basically, about a garage, and you can talk, they want to tear it down. Well, I’ve got it jacked up in the air now, and I’m moving it. Ok. I don’t know how much time that’s going to buy me before you, before they come in, tear it down, and charge me a thousand dollars.”
TIME EXPIRED
Mr. Allen commented, “I’d rather put a thousand dollars into keeping a garage, not tearing it down. But, that, that’s just some of the complaints. This ordinance of coming in, I see in here that you’re going to make us, ok, be at the house every time you inspect it. Ok, again, hopefully you guys are going to be available on the weekends, cause I work fifty-five miles away from here. I have to go to work to support my family. I cannot take off work and be here for all my houses downtown every time you want to inspect it. So, I will be available on the weekend. I’ll be available in the evening. I work till very late at night. I work all weekend. Hopefully that’s in your plans. Again, this weed ordinance and stuff, and you did correct some of it. I’d like you guys to drive by the 3400 block of Elm Street, ok, the McGaughy house. Several of you probably know him. I’d also like you to come and look at a house that you were going to tear down, and you guys gave me permission to fix it up and reversed your condemnation order on it, on Marland Heights, a four bedroom house that’s now a beautiful house, I mean beautiful. It was this close to being tore down. These houses downtown Weirton can be fixed up. I paid twenty thousand dollars on that house up there. You can give these things away. That McGaughy was a nice three or four bedroom house. It could have been fixed up. Go up there now. I don’t know who the responsible party is. I think it’s the city. I don’t know. The trees are twenty foot high, and there’s probably fifty of them growing on that lot in a year and a half since he’s tore it down. The weeds stand this high on that lot, this high, and that’s after the winter snows. No one has ever cut that lot. This is, I think the city’s responsibility, but now what, like I say, this was part of my complaint. But, no you’re going to say that it’s the tenants and not me that’s responsible for it. But, I don’t know how the City doesn’t take care of their own properties, but are going to come after me, and tell mine up. That’s all I have to say about it.”
Mayor Harris commented, “Thank you.”
Mr. Maher commented, “Next we have Tony Iaquinta, Bennett Drive.”
Mr. Iaquinta commented, “Could I talk a little bit later?”
Mr. Maher commented, “A little bit later?”
Mr. Iaquinta commented, “Yes.”
Mr. Maher commented, “Why is that sir?”
Mr. Iaquinta commented, “I wanted, some of this stuff that I was going to bring up, they’re bring up now. Is that all right?”
Mr. Maher commented, “Ok. As long as the Mayor and Council are ok with it.”
Mayor Harris commented, “Yes. He could speak at the end when were done. How many people do we have? He can speak at the end of the.”
Mr. Maher commented, “That would be fine.”
David Obeldobel 3528 Lindberg Way, Weirton, WV: Re: Landlord Mr. Obeldobel commented, “This is about the inspecting of rental properties. First of all, you have in that, that anybody that sold a house on a land contract or rent to own needs to be inspected. In that case, and I did some checking, any home in the city that holds a mortgage is sold on a land contract. So, anybody in the city that has a mortgage on their home needs to be inspected just like rental properties. Is that the way I understand that?”
Councilmember Ash commented, “I’ll have to defer to the City Attorney.”
Mr. Gurrera commented, “There’s a difference between a rent to own. There’s a difference between a land sales contract and a deed of trust.”
Mr. Obeldobel commented, “Because you are actually buying that property through a bank and paying to them.”
Mr. Gurrera commented, “Well, under a land sales contract the owner still owns it until that contract is paid in full. So, the owner still owns it. Under a deed of trust, as you know, your bank doesn’t own your house. The house is in your name, and the bank is nothing more than a mortgagor. So, there’s a huge difference between a deed of trust and land sales contract.”
Mr. Obeldobel commented, “It’s the same lingo, because if I sell a house to somebody and they turn around and don’t pay me the house comes back to me. If you don’t pay the bank for that mortgage, that house goes back to the bank.”
Mr. Gurrera commented, “That’s not true. It doesn’t go back to the bank. Technically, it’s foreclosed upon, and anybody else can purchase it. When anybody else goes to purchase it, if they don’t have a high bidder, then the bank purchases it itself. There’s a difference. On a land sales contract, you’re retaining your ownership.”
Mayor Harris commented, “I know it sounds very, very simple. Like that sounded very simple, because that’s the way I would understand it, but with the way the laws are it’s not. That is the way it is.”
Mr. Obeldobel commented, “Also, this is supposed to be a city wide ordinance after two years. I did not see anything, and that ordinance is automatic. So, do you have to put a new ordinance in effect in two years to make it city wide or is it automatic in that ordinance?”
Councilmember Ash commented, “Excuse me. Nobody said anything about city wide anytime, at any time.”
Mr. Obeldobel commented, “Well, according to what I heard, this was a pilot program for the downtown area, and after the downtown area was done in two years that it was going to go city wide.”
Councilmember Ash commented, “It could if other Councilmen elected to do that, but at this time…”
Mr. Obeldobel commented, “So, we’re being singled out, downtown property owners in Ward 4 again, but the rest of the City isn’t. Now, when I heard this ordinance in the beginning it was told it was a pilot program and it was born in Ward 4, and if it worked in Ward 4, then it was going to go city wide.”
Councilmember Ash commented, “Other Council members may want it in two years. If they don’t want it, then they won’t go.”
Mr. Obeldobel commented, “Ok, also on this new ordinance about garbage or whatever, I have rode by, not right now. I checked today. I don’t know if somebody emptied it. But, there are City garbage cans around town that they put out back on the B.O.L.T. days. The ones down at Cove Commons, I have seen them several times that was over filled and the garbage was just blowing all over downtown out of those cans. There’s probably about forty of those cans around town. Whose responsibility is it to make sure they’re emptied every week or whatever?”
Councilmember Ash commented, “That would be Public Works.”
Mr. Obeldobel commented, “Ok. I have seen them overfull, blowing out the top. I’ve seen the wind blow down in the Commons down there at the corner and that stuff blowing all over the place. Another thing, the city garbage men, when they pick up the garbage, if they drop something on the ground when they throw it in the garbage truck, they leave it lay. They don’t pick up. The city clean up they just had. Neighbors put stuff on my property cause they said the garbage trucks will not back down the alleyway there cause it’s a dead end. So, they put the stuff on my property. It had glass in it. They broke the glass. There’s three big piles of glass on my property from them cleaning up. And, it’s the same with regular garbage pick up.”
Councilmember Kondik commented, “Dave, did you report that?”
Mr. Obeldobel commented, “No, I haven’t. I got pictures of it.”
Councilmember Kondik commented, “You should have called me. I would have had it fixed for you that same day.”
Mr. Brown commented, “I need to know about it.”
Councilmember Kondik commented, “If you would have called, Dave, if you would have called me on that, we would have had it done that same day.”
Mr. Obeldobel commented, “This isn’t up on the hill. This is downtown.”
Councilmember Kondik commented, “Oh. Ok. If you would have called George Ash he would have had it done the same day for you.”
Mr. Obeldobel commented, “It’s still laying there. Like I said, I took pictures.”
Councilmember Ash commented, “What’s the address?”
Mr. Obeldobel commented, “Elm Street. Orchard Street, I mean.”
Ms. Obeldobel commented, “3714.
Councilmember Ash commented, “3714 Orchard Street.”
Mr. Obeldobel commented, “Ok. I mean I’ve seen them before when I used to have dumpster service at my business, and they did away with that. They’d back up to the dumpster, dump it out. They were at the bar at the corner up above that before that. They had all these broken beer bottles they’d dump in my lot. I’d have to go out there with a shovel and a broom and clean up after them after they left. So, you know, they throw a bag in, the bag rips on the way in, the garbage spills out on the ground. It’s laying there. They don’t pick up after it. Another thing as far as this garbage and so on, why don’t you get after the newspapers? They throw these sample newspapers out in front of everybody’s house. They sit there. Nobody picks them up. The plastic wears off. They blow all over town.”
Councilmember Kondik commented, “That is a nuisance.”
Mr. Obeldobel commented, “Yes. Why don’t you pass an ordinance against that? That will take care of some of it, not all of it. Thank you.”
Mayor Harris commented, “Thank you.”
Janna Obeldobel 3528 Lindberg Way, Weirton, WV: Re: Landlord Ms. Obeldobel commented, “Good evening. I don’t believe this ordinance that you want to pass against the landlords is going to achieve the results that you hope. There may be properties that are in unsatisfactory condition that need attention, but I don’t think this ordinance is a guarantee that that’s going to happen. A lot of these owners already know how to get around the system. Nothing’s to keep them from continuing to do so. Penalizing everyone for a few is not very democratic. Strict enforcement of the ordinances and regulations already in place is all that is really necessary to clean these properties up. As you heard from one of the others, we all work very hard to try to maintain our properties. Why should we have to pay for those who don’t? I want to thank all the Council members to whom I spoke for your views and your opinions about this ordinance. But, I disagree with those that think this will solve everything. I really don’t think it will. I urge Council to err on the side of caution at this time to do a little more study, a little more investigation maybe. I don’t see where it’s going to hurt to wait and see if it really is a good thing to do. Thank you very much.”
Mayor Harris commented, “Thank you.”
Bob Bowlen 272 Skyview Drive, Weirton, WV: Re: Landlord Mr. Bowlen commented, “Good evening. All of my concerns have already been addressed. Thank you.”
Mayor Harris commented, “Thank you.”
Ralph Barone 1045 Barone Drive, Weirton, WV: Re: Mr. Barone commented, “I was here last week concerning the same matter. Good evening gentlemen, Mayor and Councilmen. This is concerning this, again I’m on the Planning Commission, and this ordinance that they’re talking about, the driveway ordinance, was passed except I was the no vote. And, last Council meeting you people tabled it, and I think rightfully so. In fact, I think it should be done away with. You know, I think we have enough restrictions. This UDO and all this going on is more restrictions to see how many hoops you can make a builder, make a homeowner go through in this town. I don’t know how many people we have to go through to see something, to get something done, and it’s not being done by making more hoops to make the homeowner, developer jump through. That’s why you don’t see any developers here anymore. Then, with, with that in mind, the part dealing with the driveways, I discussed that with you the last time, that I felt that a structure, no, it shouldn’t be up against the property line, that your five feet, here’s five feet, car drives off, ruts and everything goes, goes to heck behind it. Normally when people widen their driveway it’s because they put an extra car in. There’s, even the economic condition, there are a few people have a few cars, a couple cars yet, but in my insurance business I could tell you right now, there’s a lot of them taking it off, eliminating cars and cutting coverages down, so I can state that. Then when it comes to this requirement that anybody wants a conditional use approval has to talk to all their neighbors within a hundred feet. You know pretty soon if I walk out my side door and you don’t like it, that person could complain, I want you to use the front door because your dog makes a little noise. I again want to repeat, how many hoops do you want to make a developer, a homeowner or if somebody wants to improve their home go through before they can get it done. Again, you make people come down here and they have to see this person, this person, this person. I think it’s absolutely unqualifiedly ridiculous. Thank you very much.”
John Brancazio 1045 Barone Drive, Weirton, WV: Re: Landlord Mr. Brancazio commented, “Good evening Mayor and Council. I somewhat agree with the other property owners and rental in the City, what they spoke of. It covers a lot of what I had to cover. I’ve had friends and relatives on the Council and judicial part of the City. I’m disappointed. I support my Council. I support the Mayor. I’m disappointed. For them to say they’re going to come in and do inspections downtown, I don’t see it’s right. I’ve had, um, up on Weirton Heights two or three people die, die in a house, drug related. That’s on Weirton Heights, and they’re picking on downtown. I don’t see it. It’s not only downtown. And, for them to say a ticket on site, I agree with. If the tenant’s there, landlords need time to do these repairs. If I have a gutter down that I didn’t know about, and I’m going to get cited or it without knowing, without someone telling me, I don’t think it’s fair. I mean I think we need to work closer with the landlords and the City, or, you know, the Council or Mayor. We need to get together and work a little closer on this before all these ordinances are brought forth. That’s about it.”
Councilmember Ash commented, “To, just to clear up some confusion. No one’s going to come up and give you a ticket on the spot and a fine on the spot for your gutter falling down. You’re going to get the letter, just like you’ve always got through the code officials when that happens. We’re talking, this fine, this issue of a ticket and getting a fine and have to go in front of the city judge is for weeds, garbage…”
Mr. Brancazio commented, “See, that wasn’t my understanding.”
Councilmember Ash commented, “Just to let you know that.”
Mr. Brancazio commented, “Ok.”
Councilmember Ash commented, “And, also for high weeds, garbage and there was a few other things on there.”
Mr. Brancazio commented, “But, for them to pick up 4th Ward, you know, I don’t…”
Councilmember Ash commented, “That will be city wide. That’s not just for Ward 4.”
Mr. Brancazio commented, “Ok. This ordinance, and I just don’t believe in it. I don’t believe that you should be able to inspect my rental properties and not my home. You know, why should you not have your homes inspected just the same as mine? My tenants call me when they feel something’s wrong. You know, I’ve sometimes not screened my rental properties right. I’ve had some drug activities in my rental properties I’m not proud of. I’ve called the police and drug task force and turned them in, in my own properties. You know. So, I think in summary, I think we should just try to get together and work a little closer before these ordinances are proposed to Council. You know, see if we could do something a little more as a team.”
Mayor Harris commented, “Thank you.”
Mr. Brancazio commented, “Thank you.”
Tony Iaquinta 157 Bennett Drive, Weirton, WV: Re: Landlord Mr. Iaquinta commented, “Thank you for hearing me. George Ash tried to do this thing when he was first Council, and it never got on the floor because there were so many problems with the issue. And, I believe if I could remember right, they brought in some things that was unconstitutional on this, so they didn’t even bring it up on the table. And, that was when you first got the first administration. Remember George.”
Councilmember Ash commented, “Correct.”
Mr. Iaquinta commented, “Yes. And, so I think that we’re talking the same issue again, unconstitutional and on our rights. (Unintelligible) as a landlord, and there’s so many holes in that, in that piece of paper that you’re going to this and you can do that. And, like you just said with the bank. So, all is you’d have to do now is to get a contract, and I could go a land contract. Is that right?”
Mr. Gurrera commented, “No. A land contract wouldn’t be subject to the…”
Mr. Iaquinta commented, “Ok. So, what did you just explain to him? The definition…”
Mr. Gurrera commented, “I explained to him that under a land contract, it’s different than how a bank gives you a loan.”
Mr. Iaquinta commented, “Ok. If you weren’t doing the (unintelligible) you mean to tell me you couldn’t get the attorney to draw up the same thing that a bank has and they’ll pay me as interest?”
Mr. Gurrera commented, “It would still, you would still retain ownership and you would be responsible.”
Mr. Iaquinta commented, “Well then how could you, how could you determine…”
Mr. Gurrera commented, “The inspection would not kick in every time a bank gives you a loan.”
Mr. Iaquinta commented, “How could, ok, well then how could you determine the difference? If I went to an attorney, and he draws up the agreement like that bank has, what would be the difference?”
Mr. Gurrera commented, “Well, if it’s just a loan, just a loan would not kick that in. Like if you’re going to transfer an interest in property through a land sales contract, it would kick it in. So, if you have some landlord…”
Mr. Iaquinta commented, “I’m confused.”
Mr. Gurrera commented, “…who is willing to give you a loan while you’re purchasing your property off of them, then that landlord’s a jerk. Now, you can go to any lawyer you want to prepare a document like that, but quite frankly, if you want a piece of property, and you’re willing to pay me to buy it off of you, let’s talk.”
Mr. Iaquinta commented, “Unintelligible.”
Mr. Gurrera commented, “Well, that’s…”
Mr. Iaquinta commented, “Well, see, you’re making a difference compared to somebody who…”
Mr. Gurrera commented, “I’m answering your question.”
Mr. Iaquinta commented, “Well, according to from what I can understand, it’s completely against the Constitution. This is what, what happened before. You remember George?”
Councilmember Ash commented, “Yes, Tony. It was a completely different ordinance. This ordinance is modeled after the Fairmont, West Virginia ordinance which has been in effect for years. It’s not un-Constitutional. They’ve had this ordinance in different cities in the State of West Virginia, and it’s modeled after that ordinance.”
Mr. Iaquinta commented, “Ok. Now, what was the difference the first one you brought up?”
Councilmember Ash commented, “I can’t remember that far back. It was 1991.”
Mr. Iaquinta commented, “Neither can I, but it…”
Councilmember Ash commented, “I couldn’t get a second on the motion.”
Mr. Iaquinta commented, “This was a, this was similar to what you brought up the first time with the inspections…”
Councilmember Ash commented, “It’s completely different.”
Mr. Iaquinta commented, “Well, I don’t think so, but I thank you for listening to me.”
Mr. Gurrera commented, “And, Tony, if you want to talk after the meeting, I’m more than willing to explain this to you then.”
Mr. Iaquinta commented, “Well, I think you’re wrong.”
Mr. Gurrera commented, “Well, that’s fine, but we can talk after the meeting if you want to.”
Mr. Iaquinta commented, “Ok. No problem.”
Mr. Bohr commented, “Can I say something? Could I speak? I’m not on the agenda.”
Mayor Harris commented, “Put your name on the agenda, and we’ll let you speak.”
Rich Bohr Weirton, WV: Re: Mr. Bohr commented, “Thank I’ve been here since John Brown was a pup. We’ve gone through all these different things, John and I have, Ralph Barone, every Mayor, every Council has their problems. I have rental property all over town. I’m not in that Ward that you’re speaking of, but I can understand trash. I have it in my Ward, and we constantly are calling in. I want to, I just want to say to all of you, when I’m doing the broken, when I’m breaking the law, I should be told I’m breaking some kind of a, if my property is in disarray, call me, cause I got a guy and myself. We’ll take care of it. It has to be known. But, I can’t see ever see anybody coming into a piece of property, now I realize if it happens in one ward, it’ll be pretty soon in every ward. You see what, that’s what, so you told me a while ago it’s going pass seven, I mean, you were going to try seven, seven Council to see it go through.”
Councilmember Ash commented, “Different ordinances, two different ordinances.”
Councilmember Fijewski commented, “There are two ordinances.”
Mr. Bohr commented, “Different ordinance. I just want to, I just want to say one thing. You guys are all doing a beautiful job. I have a bunch of people behind me that are great people, and they’re just trying to make a buck. And, that’s me. My name’s Rich Bohr. I’m signing off. Thank you very much.”
LAUGHTER
Mayor Harris commented, “Thank you Rich.
John Barone requested to speak.”
John Barone Weirton, WV: Re: Mr. Barone commented, “The only thing. I’m John Barone. Ralph’s my brother. I have one small issue (unintelligible) I read the letter. I don’t know what your ordinance says. I meant to get a copy of it, but I didn’t. But, I went to the work session and many of you attended. And, you’re exempting certain areas. A tenant is a tenant whether it’s in the high rise or whether it’s in one of my properties (unintelligible). And, if you exempt, if you’re (unintelligible) the high rise, whether they’re inspected or not, whether this is (unintelligible) or not, and whether your fee is twenty dollars or not, you’re making me pay twenty dollars and you’re exempting the owner, George (unintelligible), who owns Freedom Place I and II. And, gentlemen, when you say that they don’t have to pay and I have to pay, and I’ve lost some tenants to down there because its lower rent and they don’t have the expenses that have or the government steps in and pays. And I have to pay twenty dollars and they don’t pay twenty dollars (unintelligible) and I know somebody that’s been (unintelligible) down there, and they are in disarray, and their apartments need repairs too. But, when you say I have to pay and they don’t have to pay, and if that’s what the ordinance says, I’m not familiar with the ordinance, I’d say you’ve got a problem right there. And, I’ll stop right there.”
Mayor Harris commented, “Thank you. OLD BUSINESS
Ordinance No. 1569 (2nd Reading) ESTABLISHING REGISTRATION AND INSPECTION OF RENTAL HOUSING UNITS WITHIN WARD IV, CITY OF WEIRTON, WV
Motion was made by Councilmember Ash, second by Councilmember Dalrymple.
Councilmember Ash commented, “Mayor prior to the vote I’d like to have the Chief of Police come up and explain his position in this, and also the Chief of the Fire Department please.”
Mayor Harris commented, “Chief come on up. Chief Lashhorn.”
Chief Marshall commented, “Mr. Mayor and Councilmen, I’d just like to briefly say that the Police Department and I support this ordinance. The reason is it would just make the responding officers have a safer job getting into these residences if they’re kept up.”
Chief Lashhorn commented, “Ditto his remarks, plus the fact that we can use it as a database that we can get out to our people in the field to have little bit better of an idea of how many people are occupying a lot of these structures, not only in the downtown area, but if this expands into a citywide program also.”
Councilmember Ash commented, “Thank you.”
Mayor Harris commented, “Thank you. Are there any other comments here, or discussion? Go ahead.”
Councilmember Miller commented, “I agree with some of the comments made by a few of the citizens here this evening. And, I’m against singling out a particular ward. If we’re going to do it, I think we ought to do it city wide. But, I think we ought to clean up our act, and the State of West Virginia ought to clean up their act. I currently have a state road sign laying on my piece of property on Pennsylvania Avenue. It’s been there for six weeks. I called the state highway department to remove it. But, it’s ugly and it’s dangerous to our visitors at that piece of property. I agree with the comments about how we don’t police the city, and it’s the city’s responsibility, and we should show the leadership, and the state should show the leadership. If we’re going to clean up our community, then let’s start with the city itself and take care of this, the problem throughout all the wards, garbage and crap, and then show that we can lead this community by taking care of the city before we start mandating to the residents and the landlords that they have to do certain things that others don’t have to do in other wards. And, we ought to re-look at this after we clean up our act and we notify the state of some, more of their infractions that we have all along Pennsylvania Avenue, Main Street and all the eight state highways in the city, and bring it back as a citywide ordinance. That’s what we should do.”
APPLAUSE
Mayor Harris requested a roll call vote.
ROLL CALL
Councilman Ash Yes Councilman Jones No Councilman Marsh Yes Councilman Miller No Councilman Dalrymple Yes Councilman Fijewski Yes Councilman Kondik Yes
The motion carried by majority, 5/2.
Ordinance No. 1570 (2nd Reading) 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 Fijewski.
The motion carried by majority, 7/0.
Ordinance No. 1571 (2nd Reading) 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 Miller.
The motion carried by majority, 7/0.
Ordinance No. 1572 (2nd Reading) 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 Fijewski.
The motion carried by majority, 7/0.
Ordinance No. 1573 (2nd Reading) ESTABLISHING THE CITY OF WEIRTON HALL OF FAME COMMITTEE
Motion was made by Councilmember Fijewski, second by Councilmember Ash.
Councilmember Fijewski commented, “Jus a comment if I could please. Gentlemen, if the ordinance does pass, could I please have your appointments at your earliest convenience? Thank you.”
The motion carried by majority, 7/0.
Ordinance No. (TABLED 03/18/2008) AMENDING THE TEXT OF THE UNIFIED DEVELOPMENT ORDINANCE SECTION 15.8.2 (A) DRIVEWAYS; 3.6.7 CONDITIONAL USE REAPPLICATION; 3.6.2.1 (I) CONDITIONAL USE APPLICATION INFORMATION AND 3.7.2 (E) VARIANCE APPLICATION INFORMATION. (TABLED AT THE MARCH 18, 2008 SPECIAL MEETING OF CITY COUNCIL)
Motion to remove the table was made by Councilmember Ash, second by Councilmember Kondik.
The motion carried by majority, 6/1, with Councilmember Fijewski voting no.
Motion was made by Councilmember Kondik, second by Councilmember Dalrymple.
Motion to amend the ordinance to remove the notification requirements that are stated in the ordinance was made by Councilmember Marsh, second by Councilmember Miller.
Councilmember Kondik commented, “Just for comment and for clarification, I’m going to ask Rod, explain what that means as far as taking, or as far as that particular part of the ordinance. If a customer, if a party wants to come and get a variance, what you’re going to do is ask the neighbors if it’s ok for them to grant them the variance or if they have a problem with it?”
Mr. Rosnick commented, “The way the ordinance is written now is that a list will be provided to the city to assist in mailing and notifying the surrounding neighbors within that footage of the variance request and a hearing date for that variance.”
Councilmember Ash commented, “And, the way we do it now is by putting it in the newspaper.”
Mr. Rosnick commented, “Correct.”
Councilmember Ash commented, “So, if we do it the way this is written, it’s going to go individually to each neighbor within a certain radius.”
Mr. Rosnick commented, “Correct.”
Councilmember Kondik commented, “Now, I don’t think that’s a bad idea, because if my neighbor’s doing something, and I didn’t read about it in the paper, and then all of a sudden he’s building this two car garage that’s going to block my view of the Ohio River, you know, I wan to voice my opinion that I really don’t want that. So, I really don’t think that’s a bad idea guys.”
Councilmember Ash commented, “Well, and I interject this though, and correct me if I’m wrong. It comes to the Zoning Board of Appeals or the Planning Commission. Which one’s it go to now, the way it’s written now?”
Mr. Rosnick commented, “Zoning Board.”
Councilmember Ash commented, “Ok, it goes to Zoning Board of Appeals. At that time they can, it’s advertised in the paper that it’s happened. The person could come in here and appeal that. Also, they have to get a variance if they want to do anything for that, like a two car garage, what he’s talking about. Am I correct?”
Mr. Rosnick commented, “The two car garage would depend on the driveway situation, but more than likely it would need a variance. It would be advertised in the newspaper. That neighbor would have the opportunity, if they knew about it, to come and speak at that hearing.”
Councilmember Ash commented, “Ok. Thank you.”
Mr. Rosnick commented, “And, that meets state law requirements for advertising. It is a legal ad.”
Councilmember Ash commented, “Ok.”
Councilmember Kondik commented, “And, in the pre-meeting we all talked about the same thing, the newspaper, newspaper, newspaper. And, if somebody doesn’t, I mean no one reads the newspaper. I know I do, but I know my neighbor doesn’t get the newspaper.”
Councilmember Fijewski commented, “Councilman Marsh, this is clarification. I think what my understanding of your motion to be is that Appendix A, Section 3.6.2.1 starting with the sentence, ‘The application shall include,’ would be excluded and everything after that would be excluded.”
Councilmember Marsh commented, “I’m looking at Section 3.6.2.1.”
Councilmember Fijewski commented, “Right. The last part that says, ‘The application shall include.’”
Councilmember Marsh commented, “Yes.”
Councilmember Fijewski commented, “Ok. So, starting with that, is that what you’re, ok, good.”
Councilmember Marsh commented, “Yes. Section I.”
Councilmember Fijewski commented, “Right. The words, ‘application shall include,’ would have to be obviously removed also because ‘I’, is that, am I accurate in that?”
Councilmember Marsh commented, “Right.”
Councilmember Fijewski commented, “Thank you.”
Mayor Harris commented, “So, we are taking out that last…”
Councilmember Kondik commented, “That’s the motion.”
Councilmember Fijewski commented, “From, ‘the application shall include’ all the way through the remainder of the page.”
Mayor Harris commented, “At this time Tom can we have a roll call vote on the amendment?”
Councilmember Fijewski commented, “On the amendment.”
Mr. Maher commented, “This is for the amendment.”
ROLL CALL VOTE:
Councilman Kondik No Councilman Fijewski Yes Councilman Dalrymple Yes Councilman Miller Yes Councilman Marsh Yes Councilman Jones Yes Councilman Ash Yes
Councilmember Kondik commented, “Thanks guys. Thanks a million guys.”
Mayor Harris commented, “It passes 6/1.”
Mr. Maher commented, “Ok, now you have to vote on the ordinance as amended.”
Mayor Harris commented, “We’ll vote on the ordinance as amended. Can I get a motion? I’m sorry. We already got that. Can I get a roll call vote on that please?”
Councilmember Fijewski commented, “I’ve got to be sure what I’m voting on here please. I’m getting confused.”
Mayor Harris commented, “Go ahead Tom.”
Mr. Maher commented, “Ok. What you just voted on right now was to introduce the amendment into the ordinance. Now, what you want to do is to vote for the ordinance as amended.”
Councilmember Kondik commented, “As amended.”
Councilmember Fijewski commented, “Yes. I understand that.”
Mr. Gurrera commented, “And, you guys took out ‘I’ and ‘E’.”
Councilmember Fijewski commented, “And, also the sentence, ‘shall include’ which introduces ‘I’ and ‘E’.”
Mr. Gurrera commented, “Right.”
Mayor Harris commented, “Roll call vote please.”
ROLL CALL VOTE:
Councilman Miller Yes Councilman Marsh Yes Councilman Jones Yes Councilman Ash Yes Councilman Kondik Yes (with reservations) Councilman Fijewski Yes Councilman Dalrymple Yes
Mayor Harris commented, “7/0.”
The motion carried by majority, 7/0.
NEW BUSINESS
Ordinance No. (New) Declaring garbage, rubbish, filth, debris, high grass, weeds, noxious weeds and rank vegetation and/or hazardous trees, shrubs and plants a public nuisance
Motion was made by Councilmember Ash, second by Councilmember Dalrymple.
Councilmember Ash commented, “We placed an emergency reading on this. I’d appreciate if the Council members would consider this and emergency and get it done.”
The motion carried by majority, 7/0.
Ordinance No. (New) Authorizing transfer of property known as Penco Road in the City of Weirton to the West Virginia Department of Transportation, Division of Highways for improvements to its drainage and roadway system
Motion was made by Councilmember Marsh, second by Councilmember Ash.
The motion carried by majority, 7/0.
Ordinance No. (New) To rescind Ordinance 1358 which established a dedicated disability parking space for teacher David Burns in the alley between School Street and Church Street near Weirton Heights Elementary School as he is no longer employed at that location
Motion was made by Councilmember Dalrymple, second by Councilmember Ash.
The motion carried by majority, 7/0.
Ordinance No. (New) Ordinance to rescind Ordinance 1381 that was established on June 09, 2003 and which established one-way south only on Tell Street from its intersection with Avenue J south to its intersection with Avenue K and Crawford Avenue, thus establishing two-way traffic
Motion was made by Councilmember Jones, second by Councilmember Ash.
The motion carried by majority, 7/0.
Ordinance No. (New) Ordinance establishing a stop sign on Woodview Drive at its intersection with Country Club Boulevard
Motion was made by Councilmember Miller, second by Councilmember Ash.
The motion carried by majority, 6/0/1, with Councilmember Marsh abstaining.
Ordinance No. (New) Ordinance establishing residential permit parking only on the west side of Cross Street from its intersection with School Street to its intersection with Church Street
Motion was made by Councilmember Dalrymple, second by Councilmember Ash.
Councilmember Dalrymple commented, “I have a comment Mayor. I’d ask the members of Council to consider this also for an emergency reading, a 7/0 vote. The problem up in that area has been going on for quite a while. The people that are going to benefit from a residential parking permit have been very patiently for years for a solution to this problem and waiting for months for the Traffic Commission meeting to commence to take care of this problem. I’d like to give them immediate relief if I could, and I ask for a 7/0 vote. I would greatly appreciate it, and I’m sure the residents up there would too.” The motion carried by majority, 7/0.
Councilmember Dalrymple commented, “Thank you.”
Resolution Authorizing participation in the Northern Panhandle Home Consortium for the period of July 01, 2008 to June 30, 2009
Motion was made by Councilmember Ash, second by Councilmember Jones.
The motion carried by majority, 7/0.
Resolution Resolution to authorize installation of a directional sign located at the intersection of Marland Heights Road and Main Street to the City of Weirton by the Weirton Downtown Business and Civic Association
Motion was made by Councilmember Ash, second by Councilmember Jones.
Councilmember Ash commented, “Mayor, I would like to suggest, and it’s only a suggestion for Councilman Kondik, since he has a vested interest, I’ll ask that he abstain from it.”
Councilmember Kondik commented, “That, that’s, I, I’m contributing a contribution. It’s not like I’m contributing where they’re going to select me to do the architect work or the ground work or something like that. I’m donating money for the cause.”
Mayor Harris commented, “Mr. Gurrera, does he have to abstain?”
Mr. Gurrera commented, “No.”
Councilmember Kondik commented, “No, I don’t.”
Mayor Harris commented, “Thank you.”
The motion carried by majority, 6/1 with Councilmember Dalrymple voting no.
Ordinance No. (New) Ordinance amending Article 331.01 of the Code of the City of Weirton to adopt state law regarding traffic regulations and laws of the road
Motion was made by Councilmember Ash, second by Councilmember Jones.
The motion carried by majority, 7/0.
Resolution To enter into contract to provide prevention / retention officer (PRO) at Weir Senior High School for 2008 school year utilizing grant money available through the West Virginia Division of Criminal Justice
Motion was made by Councilmember Marsh, second by Councilmember Miller.
Councilmember Fijewski commented, “Gio, this is just for your consideration. I just want to again reinforce the issue here is that currently the City is paying somewhere in the neighborhood of $54,000 a year for this PRO officer. The PRO officers are provided at Oak Glen at 100% paid for by the Commission which is a great thing for them to do. And, I also would like to comment that, you know, as we go forward and the grants continue to dwindle, the cost for this Council is going to significantly increase as it has over the past couple of years, and I think I’ll speak for myself, I appreciate the Commissioners willingness to help us pick up the shortfall for next year. I think it’s school year 08 and 9, and that is appreciated. But, I hope the residents of the community understand that this a thing that we have to take a very serious look at for years down the road. Thank you.”
Councilmember Marsh commented, “Councilman Fijewski and Gary DuFour, thank you very much for your work on this. You did a lot of digging. You stayed on top of it. I’m glad that we were able to negotiate with the County to keep our levels the same as last year. (Unintelligible), so I do appreciate that. This is an important program to the citizens of this community that have children in these schools, and if we keep working like this, I think we can continue on with it.”
Councilmember Fijewski commented, “Thank you.”
Mr. Gurrera commented, “If Council wants to consider a resolution in the near future, I will file a petition with the County Commission saying if they’re paying 100% at Oak Glen, they should be paying, at least consider paying 100% for us also. I mean it’s either a County project or it’s a City project. But, that would take a resolution of Council to do that.”
Councilmember Fijewski commented, “Thank you.”
Mayor Harris commented, “Thank you Mr. Gurrera.”
The motion carried by majority, 7/0.
Resolution To authorize the City Manager to accept the WV Division of Justice Services Direct Award through collaboration with the Hancock County Commission and provide the associated cash match to provide prevention resource officer (PRO) at Weirton Middle School for 2008 school year
Motion was made by Councilmember Fijewski, second by Councilmember Marsh.
The motion carried by majority, 7/0.
Resolution To authorize the City Manager to accept the WV Division of Justice Services Direct Award through collaboration with the Hancock County Commission and provide the associated cash match to continue to provide funding for personnel serving on the Hancock, Brooke, Weirton Multi-Jurisdictional Drug Task Force
Motion was made by Councilmember Dalrymple, second by Councilmember Marsh.
The motion carried by majority, 7/0.
APPONTMENTS TO VARIOUS BOARDS AND COMMISSIONS
Mary H. Weir Library Board
Mrs. Sucheta (Dolly) Luthra Term: 01/01/2008 – 12/31/2012 314 Penco Road Weirton, WV 26062 Motion was made by Councilmember Fijewski, second by Councilmember Ash. The motion carried by majority, 7/0.
Weirton Area Water Board
Mr. Nat Marino Reappointment Term: 06/01/2008 – 05/30/2013 1040 Barone Drive Weirton, WV 26062 Motion was made by Councilmember Kondik, second by Councilmember Jones. The motion carried by majority, 7/0.
Deputy Court Clerk Appointment
Ms. Patti Biondillo To replace the appointment of Holly Glaspell 147 North 15th Street Weirton, WV 26062 Motion was made by Councilmember Miler, second by Councilmember Dalrymple. The motion carried by majority, 7/0.
ADMINISTRATIVE REPORTS
Public Works Department –
Mr. Brown commented, “Mayor, I’d like to report that we picked up approximately five hundred tons of grass and debris on the five days that we had the spring clean up. I did not get figures on the scrap yet because of the scrap yard, and those numbers will help offset the cost. And, I believe within the next six months we’ll be doing the same thing on a repeat and probably get another five hundred tons or more.”
Mayor Harris commented, “Let your, if you could let your employees know they did a great job. I didn’t bring that up earlier. I’m glad you did”
Mr. Brown commented, “I appreciate that.”
Mayor Harris commented, “They did a great job on the clean up.”
Mr. Brown commented, “Thank you very much. Yes they did.”
Mayor Harris commented, “Does anyone else have any comments for John?”
Mr. Brown commented, “The gentleman that assisted with the kids downtown, his name eluded me, it was Norman Ivady.”
Mayor Harris commented, “Thank you.”
Mr. DuFour commented, “John, you’re starting yard waste this week on regular pick up?”
Mr. Brown commented, “Yes, sir.”
Councilmember Dalrymple commented, “John, the yard wastes, could you clarify what exactly the City will take as yard waste?”
Mr. Brown commented, “Well, I’m getting a lot of calls because of the burning ordinance and I discussed that with the Mayor. And, I do believe that the Mayor advised me that if they call this office, they can get a temporary summer permit to burn. I’m getting a lot of calls. They want me to pick up their branches and trees. I don’t have the luxury to do that right now, the manpower. We’re out patching. We’re going to be patching every day. I have two crews out every day. I have two sweepers out every day.”
Councilmember Dalrymple commented, “But, what does that, I understand that, but what are they allowed to pick up and leave out?”
Mr. Brown commented, “Well, if they, if they pack the brush, if they pack it and bundle it neatly, small, little bundles, we will take it. But, they have to tie them up first. When we first started recycling cardboard, it was supposed to be tied up, broken down, packed up and tied up. But, if you ride around the City, there are boxes of TV’s this big. Can you imagine putting them on a truck? They’ll take up all the room.”
Mr. DuFour commented, “John, let me ask you, in terms of what you are taking, you are taking grass clippings.”
Mr. Brown commented, “Yes.”
Mr. DuFour commented, “Leaves.”
Mr. Brown commented, “Right.”
Mr. DuFour commented, “What else? You said brush if it’s packed tightly.”
Mr. Brown commented, “If it’s neatly packed up.”
Mr. DuFour commented, “Ok. What else? Anything else?”
Mr. Brown commented, “And…”
Councilmember Dalrymple commented, “How about fruit from trees?”
Mr. Brown commented, “Pardon?”
Councilmember Dalrymple commented, “Fruit, say fruit that’s fallen from trees.”
Mr. Brown commented, “Yes, yes, yes.”
Councilmember Dalrymple commented, “That would be considered yard waste?”
Mr. Brown commented, “Yes. Depending, I had one call last year on apples. It would have took a dozer to pick up the barrel. I mean…”
LAUGHTER
Councilmember Dalrymple commented, “Fruit with reason then.”
Mr. Brown commented, “At least separated.”
LAUGHTER
Councilmember Marsh commented, “John, what about hedge clippings?”
Mr. Brown commented, “If they’re neatly tied. Not huge. I mean, I’m personally going to take out some of my bushes. I’ll get rid of them otherwise. I’m not putting them out. But, if they’re neatly packed up, we can, you know, take them.”
Mayor Harris commented, “Also, John you were talking about the burning permits. And, that is Mr. Carducci from the State.”
Mr. Brown commented, “Yes, sir.”
Mayor Harris commented, “And, he is issuing burning permits, so if you keep getting the phone calls, let the people know that they can get a hold of him.”
Mr. Brown commented, “I started that this morning Mayor.”
Mayor Harris commented, “They are issuing the burning permits for the citizens.”
Councilmember Fijewski commented, “I don’t want to get into here because I hope within the next couple of days we’ll have resolution to the burning issue, but this City Council did pass a moratorium on burning December 12th for six months, and that moratorium goes through May 12th. So, I think we may have to talk with Mr. Carducci. I have called him twice. Today I called him. I called him again Friday. And, we do have a moratorium on that, so I think we need to find out legally where we stand and where he stands in regards to that issue before we make a statement that that is allowed.”
Mr. Gurrera commented, “The moratorium hasn’t been removed.”
Councilmember Fijewski commented, “No. That’s right. The moratorium is still in place.”
Mayor Harris commented, “Yes. There’s, if you’re referring to my statement…”
Councilmember Fijewski commented, “No, I’m referring to his statement.”
Mayor Harris commented, “Ok.”
Councilmember Fijewski commented, “I’m referring to his statement that you made.”
Mayor Harris commented, “I was going to say, Mr. Carducci is issuing burning permits if you qualify.”
Councilmember Fijewski commented, “But, again, I’m going to reiterate my point. City Council passed a resolution, or an ordinance, excuse me, resolution indicating that there’s a moratorium until May 12th, so we probably need to talk to Mr. Carducci and find out specifically where we stand in regards to that.”
Mayor Harris commented, “Thank you. Any other questions for John.”
PARK BOARD –
Mr. Weigel commented, “Just to point out in the report, in case you didn’t notice that Chief Marshall is one of our coaches over in flag football at the Community Center, and he does an excellent job and it is a great P. R. thing. He’s in the, in the tournaments he’s looking for a championship this year. And, I’m not coaching so you should be able to win it.”
Mayor Harris commented, “Any comments for Terry?”
Councilmember Ash commented, “Terry I was reading a Hancock County Courier on April 3rd, 2008, and there was a letter to the editor in there from March 7th. It said the Millsop Community Center was awarded a hundred thousand dollars for a drug diversion and prevention program. What diversion and prevention program do you have there?”
Mr. Weigel commented, “(Unintelligible). There was a hundred thousand dollar grant that we received that is one of the things we’ve been pushing over there is for a, we call it Club MCC. What it is is some improvements in putting a space in there. What we hope to have in place for next fall, ok, is a place where the kids could come in off the street, where we’re doing music with the kids. We’re working to get video equipment where they can play games and everything. And, we’re looking to do with that some preventative things, having the police department come over, give talks, those things, give the kids an alternative to being out on the streets, doing drugs, drinking, getting in trouble, giving them an alternate place to go.”
Councilmember Ash commented, “Is the whole hundred thousand dollars going towards that?”
Mr. Weigel commented, “Yes.”
Councilmember Ash commented, “It’s going. The Attorney General (unintelligible) sent it to you?”
Mr. Weigel commented, “Yes.”
Councilmember Ash commented, “A hundred thousand dollars.”
Mayor Harris commented, “Any other comments for Terry?”
CODE ENFORCEMENT DEPARTMENT –
Mr. Rosnick commented, “Nothing to add to the report.”
Mayor Harris commented, “Any comments for Rod? Thank you.”
POLICE DEPARTMENT –
Chief Marshall commented, “There’s nothing to report sir.”
Mayor Harris commented, “Any comments for the Chief?”
Mr. Gurrera commented, “Great job on the drug busts.”
Chief Marshall commented, “Thank you.”
Councilmember Kondik commented, “The guys are doing a great job.”
Mayor Harris commented, “Thank you. Yes, they are.”
FIRE DEPARTMENT –
Chief Lashhorn commented, “Nothing additional to report.”
UTILITIES –
Councilmember Fijewski commented, “Mr. Mastrantoni is not here this evening, but I had, I’ve had several individuals who’ve had problems with back up sewers into their homes, and they have been going through the process to try to get those issues resolved. Some of them have been waiting for six to eight months without a final determination from the insurance company. And, I talked to Mr. Mastrantoni about it, and he corrected my misunderstanding. I thought that the Sanitation Board purchased, or chose, the insurance company, and it was under their auspice that that was their, you know, their function. He informed me that that policy and the insurance company in question is really purchased by the City. I’m wondering if we can’t do something in terms of contacting this insurance company to find out why that people that people who try to contact them receive no answer. If they do receive an answer it’s not until significant months after the fact, if at all. And, that every time either their attorney or the homeowner themselves have tried to make contact with them it’s almost a physical impossibility to talk to anybody. You get a, we’ll call you back, we’ll do this, we’ll do that. We have one individual on Culler Road who had the back up back in I believe it was late September, early October, Mrs. Billie, and she’s still waiting to get some sense about it.”
Mr. Gurrera commented, “I can answer that. Because about a year and a half ago the legislature for the State of West Virginia passed a law and saved everybody about eight dollars off their insurance bill that said that you could no longer sue and insurance company for bad faith. What that basically did was that meant that an insurance company no longer has to deal with you on a good faith basis. So, you no longer, you used to have to have fifteen days to get a response from an insurance company. That got removed because an insurance company can take however long they need now to respond to you. When they got rid of bad faith, they got rid of every motivation for an insurance company to treat someone fairly. You cannot sue an insurance company for not treating you fairly. But an insurance company can sue you for you not treating them fairly.”
Councilmember Fijewski commented, “I appreciate the distinction. But, I guess from the City’s perspective, hopefully we can find an insurance company that would work with us in good faith, and I’m not sure that it’s out there, and I’m being naïve about it, but at a minimum I would ask that the Mayor on behalf of City Council…”
Mr. Gurrera commented, “I can contact them.”
Councilmember Fijewski commented, “Or, if you would write a letter on our behalf indicating the frustration level that our constituents are having as a result of the fact that they, even their attorneys, and you may have spoken to some of them who contact the insurance company either by mail or directly receive no response, or if they receive it, it’s, it’s at some distant point which forces our constituents then to go seek regress through legal channels and file suit. But, this is ridiculous. I mean, these folks have a right to get some sort of answer in some sort of definitive time frame, and I don’t know…”
Mr. Gurrera commented, “By law they don’t have a right to that.”
Councilmember Fijewski commented, “…and in our, in our insurance coverage, is there any language in it that states that someone has to give a response to us within certain periods of time?”
Mr. Gurrera commented, “No.”
Councilmember Fijewski commented, “Ok.”
Mr. Gurrera commented, “Because that was all removed. There’s no more, there is no more duty of, there’s no more duty of an insurance company to ever treat you fairly, ever.”
Councilmember Fijewski commented, “And, I don’t know when this policy Mayor may come up for renewal, but…”
Mr. Gurrera commented, “You’re not going to find a policy that says something different.”
Councilmember Fijewski commented, “Even if we put it in the specs and asked that someone…”
Mr. DuFour commented, “If I may Mayor and Councilman Fijewski, I think this bears further investigation, because this is the only set of claims I’ve heard this allegation made. There has to be something. It might have been handling at the insurance company, and possibly on our end. This is at a board. I don’t know what their attorney has been doing with this too, but Guida is their attorney, I believe. And, I think we need to address it at those couple of levels, because this has happened on no other claims.”
Mr. Gurrera commented, “Dan Guida and I will do a joint letter to them.”
Councilmember Fijewski commented, “One thing I’d like to add is Ms. Billie has council representing her.”
Mr. Gurrera commented, “Yes.”
Mayor Harris commented, “Well, which, in which they won’t, you said she’s trying to contact again, but they will not contact her. They will not talk to her without…”
Councilmember Fijewski commented, “Yes. She’s doing it through council, but council can’t even get an answer. I’d just like to make a clarification. Our problem I don’t believe is at the Sanitation Board level. I’m not suggesting that. They’ve been very, you know, they need to follow their process, and it doesn’t appear that that’s where we’re having the problem. It isn’t where we’re having the problem. We’re having this problem at the insurance company level in terms of them giving any definitive determination or any explanation of their decision if and when they rendered it. And, to me that, that is just something inherently wrong. There’s something wrong with that. And, I think I’m asking, I don’t know, well, I’m trying to put it out, if I need a motion or not, but I was just asking maybe if the City Solicitor can send a letter to the insurance company on our behalf indicating to them our displeasure with that and (unintelligible) request that they do something to improve that whole system. That’s (unintelligible).”
Mayor Harris commented, “Vince, also the Board members from the Sanitary Department, they’ve also expressed their feelings and it hasn’t been real well lately as far as those (unintelligible) go as far as contact. We’ve even tried to contact them, so.”
Councilmember Fijewski commented, “Yep.”
Mayor Harris commented, “But it’s something we need to look at.”
Councilmember Fijewski commented, “Thank you.”
Mayor Harris commented, “Thank you.”
Councilmember Ash commented, “Mayor, I’d like to take a minute to just, I think we all just received this tonight, and I want to thank the City Solicitor and the City Municipal Judge that we have. Just for the month of March of 2008, there was 123 arrests. But out of that, the whole, the fines and costs for 2007 says N/A. To me that’s either not applicable or zero. In 2008 already in fines and costs they’ve received over $10,900 which comes back, portions of it come back, to the City. So, I want to thank them for the job that they’ve been doing, and we have not had to send anything, according to this, in the month of March to the Magistrate Court. That’s a good sign. When we can deal with it here it’s a lot better than sending to them, so I appreciate the work that both of them are doing.”
Mr. Gurrera commented, “Thank you, and plus the ordinances that we passed, the three we passed just today and the other new one that we passed incorporating 60A and 61A through C is really going to help out a lot also.”
Mayor Harris commented, “Thank you.”
Finance Director
TREASURER’S REPORT
Debbie Swanson provided the treasurer’s report for March 2008:
Beginning Cash Balance: 674,785.53 Interest on checking: 510.82 Deposits: 1,061,365.60 Disbursements: (1,160,454.51) Ending Cash Balance: 576,207.44 Beginning Investment Balance: 1,160,399.30 Ending Investment Balance 1,160,399.30 Petty Cash Fund: 800.00 Total Cash and Investments Available: 1,737,406.74
Ms. Swanson stated that the interest on the investments did not arrive in time for this report. She also stated that there were $11,123.92 worth of bills for Council’s approval.
Motion to approve the financial reports, pay the unpaid bills and approve all department administrative reports was made by Councilmember Kondik, second by Councilmember March. Motion was carried by majority, 7/0.
Motion to adjourn the meeting after the closing prayer was made by Councilmember Ash, second by Councilmember Marsh. The motion to adjourn passed by majority, 7/0.
ADJOURNMENT
With no further business before this April 07, 2008 regular session of the Weirton City Council the meeting was adjourned after the closing prayer.
|