WEIRTON CITY COUNCIL

COUNCIL MEETING - REGULAR

MONDAY, MAY 11, 2009 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, May 11, 2009 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

Nicole Davis City Clerk

A. D. Mastrantoni Utilities Director

Bruce Marshall Police Chief

Rik Rekowski Library Director

Thomas Maher, Jr. Finance Director

Terry Weigel Parks and Recreation Director

Rod Rosnick Inspections Director

Mayor Harris led everyone in reciting the Pledge of Allegiance.

APPROVAL OF MINUTES

A motion was made by Councilmember Ash and second by Councilmember Jones to approve the minutes of the:

April 13, 2009 –Regular Council Meeting

The motion carried by majority, 7/0.

A motion was made by Councilmember Ash and second by Councilmember Kondik to approve the minutes of the:

April 21, 2009-Special Council Meeting

The motion carried by majority, 7/0.

MAYOR’S AWARDS AND PROCLAMATIONS

Mayor Harris stated that there was a proclamation for Kessler Cole, Carol Lyons, and Matt Campbell. The Mayor presented a proclamation declaring May 17-23 Emergency Medical Services week.

COMMUNICATIONS

Councilman Ash stated that he had received a letter from Charlotte Lynn regarding keeping Virginia Ave. playground open as well as the Christian Center.

Mayor Harris stated that they had the called the governor’s office trying to get some information as to what was going on with the houses at the bottom of Pennsylvania Ave. The Mayor stated that the houses were out for bid and that they should be demoed some time in September.

Councilman Fijewski thanked the City Council for their support regarding the Hall of Fame induction ceremony. He stated that because of the event, they were awarded a grant in the amount of $10,000.

CITIZEN COMMENTS

Mr. George Ataloitis

Re: Landlords

Mr. Ataloitis stated, “I hear different stories from different people regarding what’s going on with the landlords.”

Councilman Dalrymple stated, “I wanted to clarify a few items about the proposed disruptive activity Ordinance. This Ordinance is based on one that’s currently in effect in Pittsburgh. The local media seized on the fact that the landlords could be held liable. Landlords could be held liable for multiple citations due to the condition of their properties, not because of actions of their tenants. This Ordinance does not single out landlords or rental units specifically. It entails the whole City, every Ward, residential and commercial, rental and owner occupied. This Ordinance has been put together with the intent to hold individuals responsible for their actions when they chose to violate City Ordinances repeatedly, even after citations have been issued. This Ordinance allows for ample opportunity for the violator to conform or correct their behavior by basing the classification of a disruptive activity on unlawful activity that generates a written citation. The violator will have the opportunity to appeal the classification of being a disruptive activity before fees are levied in accordance with this Ordinance.”

Mr. Tony Iaquinta

RE: Landlords

Mr. Iaquinta stated, “I misunderstood just like he did. I thought we were going to be held responsible.”

Mr. Ed Wilson

RE: Repaving

Mr. Wilson stated, “I have a street question. I live off of 15^th street and Webster. Last summer they ground up Webster and resurfaced it. Right behind the apartment complex they didn’t do that. I was just wondering why they didn’t finish it”

Mr. Edmond DiBacco

RE: Landlords

Mr. DiBacco stated, “I’m in opposition to any law that would single out landlords. What I read in the paper and what you just stated are two different things. This is selective enforcement. We have owner-occupied properties in downtown Weirton on the 3800 block that the foundation is deteriorating, and this didn’t just happen last night. You guys are going after landlords, and I’m in opposition to that.”

Mr. Kevin Katenhusen

RE: Landlords

Mr. Katenhusen stated, “I have a business downtown and some rental properties. I want to thank you guys for doing everything in your power to try to make this City a better place. What was reported in the newspaper and what it is that you’re saying are two different things. I would to believe that what you said tonight is exactly what’s going to come to pass. There are two things in this City that I think are important. We need to clean it up, and we need to create jobs. Part of creating jobs in this city is making it a nice clean place to attract people to come here to start businesses. I am interested in what it is that the Council might be doing in order to attract some larger corporations to come to this area. I understand we have to raise the water rates, but we have to make this a place that people are going to want to come. Without jobs this town is going to die.”

Mr. Dan Costello

RE: Landlords

Mr. Costello stated, “I am a landlord. I am not a slum landlord like some Councilman put on the front page of the Weirton Daily Times. We sit here and came in support of solidarity of landlords. If you’re Ordinance is not what was in the paper that was given out on Saturday, there are seven days that could put back on the front page about Mr. Dalrymple’s comments about landlords and what Ordinance it is. He gave a nice speech here to all of us, but I would like someone to read the Ordinance word for word so we know what’s actually being said.”

Councilman Dalrymple stated that he had contacted the editor of the Weirton Daily Times and advised him that there were some discrepancies in the paper and offered to do a new article to clarify some of the things we clarified this evening.

Mr. Costello stated, “The last ordinance you brought through got tabled. So you had nobody to go against your last ordinance, the one about inspections. I know some of you, and some of you know me. Landlords pay more taxes than any individual out there, and you keep going after us for more and more.”

Mr. Ralph Barone

RE: Landlords

Mr. Barone stated, “I passed out the main facts and laws pertaining to landlords and tenants. I’m confused now hearing Councilman Dalrymple speak. I think if you put in to context the whole tenant landlord law, you say disturbance and I don’t know what defines disturbance. I want to leave the landlord out of the ordinance. If it’s the same offense and the police are there then we better get a new judge.”

Mr. Gino Guglielmo

RE: Landlords

Mr. Guglielmo stated, “I do take offense to the word slum lord. I work very hard for my business. To put in the front page of the paper the word slumlords is upsetting everybody. I own a lot of property, and I have never had the police called to one of my properties or have had a drug bust. How can I be responsible for someone else’s actions.”

Mr. Robert Pendergrass

RE: Landlords

Mr. Pendergrass stated, “It’s been two years for them to tear it down. We’re sitting up here talking about homeowners, landlords, slumlords. I think the state and city might be the biggest slumlords because you all have properties along Weir Ave. and throughout the city that you all don’t take care of. It’s the pot calling the kettle black. The banks that own the properties need to be responsible as well. We all need to share responsibility. Since 1991 we have done nothing to improve past Main Street. There are other parts of the city that we need to build back up. Who is the city planner? The fourth ward seems to be the ward that everyone is shooting at.”

Mr. Mike Giusto

RE: Landlords

Mr. Giusto stated, “Is this a pilot program in one ward or is it city-wide? What are we paying fire and police for now? There are some properties that haven’t complied.”

Ms. Janna Obeldobel

RE: Landlords

Ms. Obeldobel stated, “There are a stack of ordinances on the books. Why do we need another one? Don’t we have ordinances to cover these problems already? I read the article in the newspaper and I too said O.K. they’re going after the landlords.”

Councilman Ash made a motion for a recess, second by Councilman Jones.

The motion passed by majority, 5/2.

Ms. Obeldobel stated, “Granted there are all sorts of problems going on with different properties throughout the city. We need the public’s support and help as much as possible to clean up this area. We don’t need to feel like people are being singled out, and taken advantage of just to get something accomplished.”

Mr. William Dalrymple

RE: Street Paving

Mr. Dalrymple stated, “I live on Putnam Lane and last year part of my street was paved. This year I see cracks in the pavement perpendicular to the center line all the way across the street. There are many of them. There is a lot of disruption in the surface of our new street. It was ground and paved so it was given the whole treatment. I think there was a problem in the asphalt or in the application of the asphalt. We need to determine what caused that problem before spending millions of dollars.”

Mr. Rick Allen

RE: Landlords

Mr. Allen stated, “Aren’t there fees, fines, ordinances to cover all of this?”

Mr. John Brancazio

RE: Lincoln Ave.

Mr. Brancazio stated, “

OLD BUSINESS

Second reading of Ordinance No. 1635 Amendment No. 722 to rescind Ordinance No. 1222, Amendment No. 525 of the traffic Control Map which established a handicapped parking space at 437 Booker Street. (Councilman Marsh)

Motion was made by Councilman Marsh, second by Councilmember Kondik.

The motion passed by majority, 7/0.

Second reading of Ordinance No. 1636 establishing and fixing rates, fees, and charges of the Municipal Water Works System of the City of Weirton, West Virginia.

Motion was made by Councilman Jones, second by Councilman Miller.

Motion was called for by the Mayor.

A second motion was called for by the Mayor.

The motion died for lack of a second motion.

Ordinance amending the text of the Unified Development Ordinance Table 1.

Motion was called for by the Mayor.

A second motion was called for by the Mayor.

The motion died for lack of a second motion.

NEW BUSINESS

Disruptive Activity Ordinance.

Motion was made by Councilman Dalrymple, second by Councilman Ash.

The motion carried by majority, 7/0.

Ordinance to authorize Hancock County rural addressing committee to modify and/or create certain numbers and/or street names with the City limits in compliance with statewide addressing project. (City Manager)

Motion was made by Councilman Dalrymple, second by Councilman Ash.

The motion carried by majority, 7/0.

Resolution to Approve Change Order for 2009 Street Paving Project. (City Manager)

Motion was made by Councilman Ash, second by Councilman Kondik.

The motion carried by majority, 7/0,

Resolution to authorize Jointly-Sponsored Fourth of July Fireworks display by the City of Weirton and the City of Steubenville. (City Manager)

Motion was made by Councilman Ash, second by Councilman Jones.

The motion carried by majority, 7/0.

Resolution to enter into agreement with the Governor’s Office for funding for installation of three Springs Traffic Signal. (City Manager)

Motion was made by Councilman Marsh, second by Councilman Miller.

The motion carried by majority, 6/1.

Resolution approving 2009-2010 Fiscal Year CDBG Budget.

Motion was made by Councilman Dalrymple, second by Councilman Jones.

The motion carried by majority, 7/0.

Resolution to place liens against real properties for costs incurred in demolition of unsafe properties pursuant to Ordinance 250.

Motion was made by Councilman Ash, second by Councilman Fijewski.

The motion carried by majority, 7/0.

Resolution authorizing participation in the Northern Panhandle Home Consortium for the period of July 1, 2009 to June 30, 2010. (CDBG)

Motion was made by Councilman Ash, second by Councilman Dalrymple.

The motion carried by majority, 7/0.

APPOINTMENTS TO VARIOUS BOARDS AND COMMISSIONS

Ronnie Jones Water Board 6/1/09-5/30/14

Motion was made by Councilman Fijewski, second by Councilman Kondik.

The motion carried by majority, 4/2 with one abstention.

ADMINISTRATIVE REPORTS

PUBLIC WORKS-

Mr. Brown stated that he had nothing further to add.

Councilman stated, “I see the crews are out doing the coal patches, I appreciate it.”

Mayor Harris thanked Mr. Brown for a job well done during the Spring Clean Up.

LIBRARY-

Rik Rekowski stated he had copies of the library blog which is the most current information. We are really busy. The federal government is in the library training people for the U.S. Census, and that is happening all week.

PARKS AND RECREATION –

Mr. Weigel stated that they are going in stops and starts with the work on the Community Center. We will hopefully be wrapping that up within the next 2 ½ weeks. Our own crews are trying to get out to the parks and playgrounds as weather permits. We are also working the Chief in to trying to get video cameras to have them installed at the out door parks. The smoke stack went very smoothly. It was lowered approximately 30 feet. This should make our boiler run more efficiently.

FIRE DEPARTMENT-

Chief Lashhorn stated that he wanted to thank John Brown and his crew for replacing the pole and all the emergency lights. I wanted to thank Councilman Marsh and Councilman Jones for heading up the replacement of the fire hydrant on the corner of Beacon and Union.

Councilman Fijewski stated that it was nice to see that the department was able to go with the boat and assist in the rescue operation regarding the tragedy on the river. The money spent on the boat was a good investment.

POLICE DEPARTMENT-

Chief Marshall stated that the camera project is showing some progress, and most of the hardware has been installed in the City Building. He is hoping by next Council meeting that he can report they are up and running.

Mayor Harris thanked the officers for their work regarding the Gabriel’s incident.

INSPECTIONS-

Mr. Rosnick stated he had nothing additional to report.

UTILITIES-

Mr. Mastrantoni stated he had nothing additional to report.

FINANCE DEPARTMENT-

Mr. Maher stated:

General Fund cash report for March 2009:

Beginning Cash Balance: $348,098.97

Interest on Checking: $222.50

Deposits: $1,132,133.76

Draw-downs on Investment: N/A

Disbursements: $1,066,846.72

Cash Balance: $413,608.51

Beginning Investment $782,653.04

Balance: N/A

Interest on Investments: $19.85

Withdraws: $1.1 million

Ending Investment $782,653.04

Balance:

Petty Cash: $800.00

Total Cash and Investments $1,197,081.38

Available:

The Mayor called for a motion to approve administrative reports of various departments, and pay any unpaid bills.

Motion was made by Councilman Dalrymple, second by Councilman Marsh.

The motion carried by majority, 7/0.

ADJOURNMENT

The mayor called for a motion to adjourn.

Motion was made by Councilman Dalrymple, second by Councilman Fijewski.

With no further business before this May 11, 2009 regular session of the Weirton City Council the meeting was adjourned after the closing prayer.