WEIRTON CITY COUNCIL
COUNCIL MEETING - REGULAR
MONDAY, AUGUST 11, 2008 7:00 P. M.
A regular meeting of the Common Council of the City of Weirton, Hancock and Brooke Counties, West Virginia was held on Monday, August 11, 2008 at 7:00 P.M. in Council Chambers of the Weirton City Building.
Mayor Harris called the meeting to order.
Councilmembers in Attendance: George Ash Councilmember Ward 4 Ronnie Jones Councilmember Ward 1 Fred Marsh Councilmember Ward 3 Harold Miller Councilmember Ward 2 David Dalrymple Councilmember Ward 6 Max Fijewski Councilmember Ward 7 George Kondik Councilmember Ward 5
City Officials in Attendance: John Brown Public Works Director Gary DuFour City Manager Vincent Gurrera City Attorney David Lashhorn Fire Chief Thomas J. Maher, Jr. City Clerk A. D. Mastrantoni Utilities Director Bruce Marshall Police Chief John Serafini Code Official Coty Shingle Parks and Recreation Representative Debbie Swanson Finance Director
Others in Attendance: Gio Rossi Media - Weirton Daily Times
Mayor Harris led everyone in reciting the Pledge of Allegiance. APPROVAL OF MINUTES
A motion was made by Councilmember Ash and second by Councilmember Fijewski to approve the minutes of the: July 07, 2008 – Regular Council MeetingThe motion carried by majority, 7/0.
MAYOR’S AWARDS AND PROCLAMATIONS
NONE
COMMUNICATIONS
Councilman Kondik commented, “Honorable Mayor, I found a company that makes speed bumps, portable speed bumps. They’re very affordable. Now, I’ve passed this on to the City Manager to discuss it with our City Attorney to see if we can do this. I have a couple neighborhoods that I would like have this enforced in, and by next meeting, I would like to have some kind of information from both of them whether we can do it or not.”
Mayor Harris commented, “Thank you.”
Councilman Kondik commented, “Thank you.”
Mr. Gurrera commented, “I think we would also need to call in the Fire Chief and the Police Chief in that meeting Gary.”
Mr. Brown commented, “And, also Public Works.”
Mr. Gurrera commented, “You want in there too.”
Mr. Brown commented, “Absolutely.”
Mayor Harris commented, “John, we’re going to have you chairing that.”
Mr. Brown commented, “Thank you.”
Mayor Harris commented, “I would just like to say thank you, there he is sitting, Gio Rossi, for all time that he served here in Weirton for our Weirton newspaper. He’s done a great job for us and he plans on leaving. So, hopefully we’ll hope to see him back here again. Thank you very much.”
APPLAUSE
CITIZEN COMMENTS
Pastor Larry W. Dorsch 140 Walnut Street, Weirton, WV: Re: Ordinance No. 1569 Mayor Harris commented, “Good evening Father.” Pastor Dorsch commented, “Good evening. No doubt members of Council and the Mayor have heard some of our landlords and related business interests who believe they will be hurt by a twenty dollar every other year charge for registration and inspection of their property. They want you to completely rescind or to further water down ordinance 1569 tonight. As a downtown pastor, I’m here to speak up for those who were not invited to speak to your task force on this issue, those who are afraid to speak out because of retaliation or fear of eviction, those who because of physical or mental health, lack of education or self confidence cannot speak, namely some of the tenants and residents who live in the deteriorating housing units in my Ward number four. My ward has right around fifty percent of the poor of this city. Thirty-five percent of my neighbors in Ward Four, according to the census, are poor women trying to raise their children, many of those children under the age of five. Over half of the city’s elderly poor live in my neighborhood. Is twenty bucks every two years really too much to ask the landlords who are buying these properties. Is the health and safety inspection to prevent dripping sewage, dangerous electrical conditions, faulty heating systems all that invasive if it protects the poorest among us, many who are children, the elderly and the mentally handicapped? Is beginning an inspection process for the city in the very neighborhood that you or your predecessors declared slum and blight and that clearly has most of the dilapidated properties in the community, is that all such a bad idea? And, to whom is inspecting the interiors of rental units to make sure the same vulnerable citizens are living in safe, sanitary and decent conditions all that unfair. Myself and several of my fellow pastors are speaking up and telling you as leaders in our community that there are frightened, poor, elderly and hurting people in this city who need to be protected, kept safe and secure. It’s going to be very interesting this evening to see whose voice you will be listening to.”
Mayor Harris commented, “Thank you.”
APPLAUSE
Tony Iaquinta 157 Bennett Drive, Weirton, WV: Re: Ordinance No. 1569 Mr. Iaquinta commented, “Good evening. I called the Attorney General’s office, and according to the Attorney General’s office this cannot be put into effect. And, you ask, since there’s a fee involved, you have to let the people vote on it according to the Attorney General’s office. This is what she said, that anything like this, where there’s a fee involved, it has to be put out for the people for vote. Thank you.”
Mayor Harris commented, “Thank you.”
Pastor Ernest Wright 3535 West Street, Weirton, WV: Re: Ordinance No. 1569 Mayor Harris commented, “Good evening Reverend Wright.” Pastor Wright commented, “Hi. I’m Pastor Wright from Tri-State Church of God on West Street. I also live on West Street, my wife and my four children. I’m here in support of 1569. I was also on the Task Force to look into this matter. I’ve talked to many people about this matter. It seems to me that those that are against 1569 have a lot of personal things vested in it, and they’re looking at as a personal issue to them. A lot of the people that are for 1569 that I’ve talked to are all looking at it as what’s best for the City of Weirton. Me personally, I think that 1569 asking landlords to have their property registered and inspected is something that we need to require. If somebody’s going to rent a property, it needs to be up to code. Right now, we have nothing to bring it up to code. It’s all complaint driven. If a landlord’s properties are up to code there shouldn’t be an issue with an inspection. I feel that 1569 will better the community, better the area. I live in the area. I’ve seen good things that are going on with the things that have already passed, the things that are happening. Houses are being brought up to code on the outside. We need to do something for the inside. My question would be if 1569 does not pass, does Council have something else that’s better, or what are we going to do if it doesn’t pass. If it’s been declared slum and blight, something has to be done. I think that 1569 obviously is not going to solve all the problems. But, it’s a start to solve the problems. Thank you.”
Mayor Harris commented, “Thank you.”
Ralph Barone 1045 Barone Drive, Weirton, WV: Re: Ordinance No. 1569 Mr. Barone commented, “Good evening Mayor and Council and public. I’m here to speak against, fully against the 1569 rental ordinance as proposed by Councilman Ash. The reason, for the following reasons. Why should the landlords pay for an outside contractor to inspect property that I own or any landlord owns when we all pay taxes for the city personnel to do the inspections of properties and are supposed to see that the properties, whether owner-occupied or tenant-occupied are kept in reasonable condition. You as Council Members with this rental ordinance really has put a damper on ownership of property, be it for owner-occupied or tenant-occupied. Everything you as Council seem to do has put a damper on speculation in the city. And, seemingly you (unintelligible) just want to show your authority and push the citizens of Weirton around. The problem is not he landlords. The problem is the tenants. We have, again I heard the pastor speak about some conditions. He sees what goes on. Well, you know, we have a state law which states, and it’s right here. It’s Chapter thirty-seven, Article six, Section 30. It says the landlords to deliver premises, duty to maintain premises in fit and habitable condition. And, it goes on to say that a landlord shall at the commencement of the tenancy deliver the dwelling unit and surrounding premises in a fit and habitable condition, and thereafter maintain the leased premises in such condition, and maintain the leased property in a condition that meets requirements of applicable health, safety and housing codes, unless, unless the failure to meet those requirements is a fault of the tenant. That’s the state law. Now, I don’t know. Is the city trying to preempt state law? We have a state law. And, they want state law says abide by code. Now, we have a situation here. Let me get to my notes here a minute, before I lose my glasses. Again, I want to bring up, the city has laws, good laws on the books that take care of these situations as I think a lot of the pastors and a lot of people in Ward four complain about. But, you know what? This city is so inconsistent of trying to enforce their laws. It just leaves them wide open for a lawsuit and selective enforcement. To begin with, in Mr. Kondik’s ward at the top of Marland Heights.
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Mr. Barone commented, “You have an ordinance in the city that says if you have truck or a automobile on your property, it must be licensed. Drive up Marland Heights, anybody. I know our City Manager…
Councilman Kondik commented, “Has anybody here driven on Legion Road?”
Mr. Barone commented, “Lend me fifty dollars.”
Councilman Kondik commented, “Oh my God. Has anybody driven on Legion Road lately? Excuse me Mr. Brown. Have you ever seen Legion Road?
Mr. Barone commented, “I’m talking.”
Councilman Kondik commented, “Excuse me.”
Mr. Barone commented, “Am I talking right now?”
Councilman Kondik commented, “I’m interfering to you.”
Mr. Barone commented, “You can talk after.”
Councilman Kondik commented, “I’m interfering.”
Mayor Harris called order.
Mayor Harris commented, “Your time is up.”
Mr. Barone commented, “I have to finish if you don’t mind Mayor.”
Mayor Harris commented, “Is it going to be thirty second or less?”
Mr. Barone commented, “When I’m interrupted it takes time.”
Mayor Harris commented, “Ok. Councilman, just let him finish.”
Mr. Barone commented, “Ok. He has not been up there. And, I think the city as well owns property, Cove Road, I mean Cove School, and if you go out Cove Road, the Compass Building. We have unlicensed vehicles on Marland Heights. And the sad thing, you approach Marland Heights and what do you see? Unlicensed vehicles. You see a front end loader that sitting by itself. You see a covered car with a tarp over it, unlicensed vehicles. So, I say that what the city really has to do, and on top of that, they aren’t enforcing what they do anyway because the Barone Realty Company got a certified letter requiring that we have overhanging branches on Ingram Street clear down there in the Cove. But, I can name the people that haven’t got any certified letters or anything. You’re selective enforcement. You’d better be careful of it, because I’m ready.”
Mayor Harris commented, “Thank you.”
Mr. Barone commented, “And, I really, really want to consider that, I’m sorry I can’t speak a little longer, but, I’ll like to answer any questions anybody has after.”
Mayor Harris commented, “Thank you Mr. Barone.”
John Barone 1400 Barone Drive, Weirton, WV: Re: Ordinance No. 1569 Mr. Barone commented, “Good evening. I have a few comments tonight that I will make them. I haven’t spoken to many of the property owners. I know I wasn’t spoken to about your task force. This is my only chance to voice whatever I have to say. And, how much time to I have?”
Mayor Harris commented, “It’s three minutes.”
Mr. Barone commented, “Well, I’ll try to make it quick. Some years ago my father had built two apartment buildings, and by the time you, they were built several years apart. By the time he made the mortgage payments and the taxes and insurance (unintelligible) he made seven dollars a month (unintelligible). And, then he sold those apartments. You know, with all the work that is involved, you know, if I’m going to retire and I’m up for retirement pretty soon, one of the first properties I’m going to sell is the residential properties. There’s a lot of calls, a lot of dripping faucets, whatever, every day that we have to attend to. But, getting specifically right to the point, my sister has a (unintelligible) of properties. I have two sisters, and he, my father, for years worked here in town in real estate and I wanted to give them something, some contact with the town, and my sister lives in Washington, PA and (unintelligible). And, I’ll tell you. We should be so lucky as they are in Washington, little Washington town, Washington-Jefferson College. They have a large court house, county seat, (unintelligible). The Washington rental ordinance, this was in the Washington Observer on May ninth of this year, May 9th, 2008. Washington Rental Ordinance Dies, and may I say I’ve been all through Washington, and they have more slum conditions than exist in downtown. When the Washington City Council raised the possibility of instituting an ordinance regulating rental property a few months ago it was the public outcry from landlords who organized and held meetings in opposition to the proposed ordinance. The ordinance officially died during a council meeting, Thursday, before it could be adopted. And, Mayor Sonny Spruzzen (sp) said a Monday meeting to discuss the proposed ordinance was cancelled. This statement was met with applause from several landlords in the audience. And, I won’t read the entire article, but they have the same thing that you are considering. Which, by the way, you’re ordinance doesn’t speak at all about the responsibility of the tenants. It only makes the landlord responsible for everything, and I think the state statute would override anything that you might pass. I mean, the landlords are portrayed as the dirty people who cause these conditions. And, it is the tenants more than the landlords at least as far as I’m concerned. It is the tenants who cause the conditions. This spring I got a letter from one of my tenants. Dear John, I only have one burner on my stove that works. The stove needs repairs. Good. Ok. I went up there. We looked at it. I went back and took care of it. She goes on. Also, the neighbor’s cats in apartment so and so.”
TIME EXPIRED
Mr. Barone commented, “I smell cat feces, cat litter and have no animals and do not wish for my apartment to smell like them. Thank you in advance. And, I won’t say who it was. Now this tenant who I rented to at the instance of a pastor, and I won’t name his name. Give these people a chance. Help these people out. They are members of our congregation. Help them out. And, I rented to them, and this is what I get. And, when I called her, she denied she had a cat, and this had been going on since last fall. Excuse me please.”
Mayor Harris commented, “Your time is up. Your time ran out.”
Mr. Barone commented, “Already?”
Mayor Harris commented, “Yes.”
Mr. Barone commented, “And, I got her out. I had to get her out. She defied me. She has said to our teenage daughter, ‘you can’t evict me,’ and one thing or another. And, I said well, I’ll just let the magistrate decide. The magistrate gave her five days to get out. If my time is up, just let me add one other thing. The thrust of my point, of my speaking, is that there are may responsibilities that we have as landlords imposed on us now by the state statute and we don’t need the, I mean, I had a leaky roof someplace. I had a good contractor but he delayed me till he took care of a steep roof, one of those downtown, because they were eight on twelve pitch instead of a four on twelve that you get today. And, I wanted (unintelligible). And, it took time to do. Am I going to have somebody breathing down my neck to do these things? That’s all I have to say.”
Mayor Harris commented, “Thank you Mr. Barone.”
Mike Chek 165 Campbell Lane, Weirton, WV: Re: Ordinance No. 1569 Mr. Chek commented, “Good evening Mayor and members of Council. I do want to say first that I have attended some of your workshops, and I do appreciate the time you gentlemen put in Friday evenings when everybody else is out somewhere. So, I appreciate that hard work. I am a landlord and I am here, I have to speak against ordinance 1569 for several reasons. One is I feel that the Code Inspections Department has enough rules and regulations in place to go ahead and continue with their aggressive enforcement of property issues. And, I also think that recent changes that the City’s Attorney has made, being able to put liens against properties to recover some of the city cost is another good avenue for the city. However, I think the reason I speak mostly against 1569 is because it just seems that what I’ve read recently it just opens up the community, the landlords, the residents and the city of taking pot shots at each other. And, lord knows, the city has enough places it needs cleaned up as well as landlords and residents. And, I think if this goes through, that’s what’s going to happen. Recently, we’ve had the Mayor of Youngstown here. We’ve had Dan Oranato from Allegheny County, an economics professor from WVU come in last week. They all talked about economic development. The reason downtown is blighted, it is that way, it’s because the lack of economic development. And, I would rather see us focus on economic development, whatever it is we have to do and work together at it rather than taking pot shots at each other. And, I think that’s what this ordinance would create. Thank you.”
Mayor Harris commented, “Thank you.”
Candy Hoyt 157 Webster Avenue, Weirton, WV: Re: Traffic Ordinance Ms. Hoyt commented, “Hi guys. I am so sorry. I think mine is so petty compared to what you’re dealing with. I’m just trying to get fifteen feet of my parking back on my street. My neighbor’s giving me problems, and he had the fire department paint it fluorescent orange after the city painted it black.”
Mayor Harris commented, “Where is your property at?”
Ms. Hoyt commented, “The corner of Webster and Mason. I’ve been there for twenty-nine years, and twenty-five of those years we were allowed to park on that side of the street until he moved in. So, that’s all mine is. It’s like Ordinance 1601.”
Mayor Harris commented, “Thank you.”
Rick Allen 1265 Euclid Avenue, Weirton, WV: Re: Ordinance No. 1569 Mr. Allen commented, “Good evening everybody. I’d like to hand out a couple of pictures. Unfortunately, I was running very late. You’ll have to share them. You know what. I need to give one thing to these churches to the pastors that are here. St. Paul’s, First United Methodist, Church of God. United Methodist. He didn’t show up? It said in the paper he was showing up. As you look at some of these, well, I’ll get to that in a little bit. I don’t know. I’ve been around this city for as long as any of you. I’m very involved in a lot in this city, always have been. I’m starting to wonder what country this city is in to tell you the honest to God’s truth with the way this council is running itself. Mr. Marsh likes to be quoted in the paper as saying he’s going to take appraisal of Weirton’s stock of housing. I was like whoa. I thought this was my house. I thought this was your house. In Russia they may have Russian stock of housing. There may be houses in Weirton, but it’s not Weirton’s stock of housing. It is our houses. I don’t understand why Weirton all of a sudden owned our houses. The next thing about living in the United States is I believe that there is a separation of church and state here. The headlines of the paper, ‘Downtown Pastor’s Supports Law.’ Someone in here, I don’t know how this all came about, but these pastors come in representing their churches, they’ve stated what church they're from, trying to influence your votes as to what needs done here. I don’t think council should influence them. And, I go to two of these people’s churches. All right. I don’t think you guys should tell them how to run their churches. I don’t think they should tell you guys how to run us. The Constitution does have a separation of church and state. Ok. Several months ago I complained about Mr. Marsh’s building. At that time he told me that the state was going to fix it. I was going to pay for it through tax dollars to fix his stoop. The paint’s peeling in sheets off the side, the T-111 siding is falling in pieces this big off the back. The city did investigate. Nothing’s been done. The state did pay to fix some of his property. I paid for it. You paid for it. June 26th, I said to Mr. Ash, you guys, you weren’t here, we had a court hearing, that my sidewalk could not be an eighth of an inch higher than the adjoining sidewalk. I said to Mr. Ash, ‘Yours is up a lot more than that.’ He said, ‘If it is, I’ll fix it.’ You have a picture of his sidewalk. It’s up over two inches. It seems like we’re above the law here. He doesn’t have to fix his sidewalk. He doesn’t have to fix his building. I turned in many pictures of the Community Center and the City Building. The City Building has a retaining wall falling down, sidewalks cracked, people could trip over it. Nothing’s been done. This is months ago. I turned them in to the code officials. Nothing gets done. But, the pastors, and I hate to do this, because, like I say, I go to two of your churches, want to tell me how to run my life. If you look at those pictures, they’ve got peeling paint. I’m sure you’ve seen some of these, outrageous peeling paint.”
TIME EXPIRED
Mr. Allen commented, “Ok. They’ve got deteriorating chunks of concrete.”
Mayor Harris commented, “Please finish up in thirty second.”
Mr. Allen commented, “Yea. And, that’s a shame too. But, for them, I think everybody here needs to take care of their own house before they try to tell us how to take care of our houses. Some of the stuff I saw at those churches, the lead paint. Do you guys know that that paint is lead that’s falling off your churches that kids could eat and die? Probably not. That’s just that, ok. I was told that you have to have a sidewalk in this city. Does anyone know if that is a law in this city? This came from Rod Rosnick. He said every house has to have a sidewalk. I checked out Rod Rosnick’s house. He has no sidewalk. I checked out Fred Marsh’s house. He has no sidewalk. Again, above the law. You want to collect your liens against these properties. I’m sure Mr. Ash knew when he purchased that property next to house that the city paid probably five thousand dollars to tear that house down. No one collected any money on that property. They let Mr. Ash go and buy that. Ok, now it’s in the paper that you want to collect all those properties.”
Mayor Harris commented, “Times up.”
Mr. Allen commented, “It’s a shame that you only give your citizens three minutes to voice their concerns.”
Mayor Harris commented, “Well, with a long meeting, if you guys could all stay as long as we do, that would be fine. If you want to stay for four hours while we go ahead along with our meeting that would be great. But, it doesn’t. You guys usually voice your opinion and run off.”
Mr. Allen commented, “I’ll stay.”
Mayor Harris commented, “Thank you.”
Mr. Allen commented, “Do I get to speak again?”
Mayor Harris commented, “No. Thank you.”
David Obeldobel 3528 Lindberg Way, Weirton, WV: Re: Ordinance No. 1569 Mr. Obeldobel commented, “I’m here again for ordinance 1569 also. For one, when this all started I was told this was taken after the ordinance that is in Fairmont. Well, at the beginning of that ordinance, 1767.02, Scope. It says this article applies to all rental dwelling units within the city. Within the city, no one ward, within the city. So, again, I say, if you’re going to do it, do it city wide. Don’t single out downtown. They’re not the only ones with problems. On the other hand, they were complaining that there was vandalism at the different churches and stuff downtown. Why don’t yinz, instead of putting this money in these sitting parks on Pennsylvania Avenue, you put some of that money downtown for these kids to have something to do, so they’re not out vandalizing downtown. You put money in a sitting park that maybe two people a month sit down. Ok, it looks pretty. You tore down buildings. You put a nice little area in. It’s not doing anybody any good. You’re wasting the city money. Back to the downtown looking so bad. There was an article that a house is not completely tore down and they can’t take it off the books until everything was done, the grass was planted and so on. What happened to the Kusic property? It still looks like a half a building there with all that concrete. That makes downtown look bad too. As far as what we were talking on cost. It just cost me $765.00, and the problem still isn’t fixed, backed up sewage in one of my apartment buildings because little kids flushed plastic bags down the commode. I got two units with plumbing problems that they have to come in every two weeks and re-snake because they flush plastic bags down the commode. Now, is that my fault? You’ll come there and site me on it. I mean it’s taking a lot of work to clean all this out. I have put $1,500 in the sidewalk in front of my property that the water department destroyed one side and public works with the garbage trucks destroyed the other side. I had to put new concrete in. It cost me $1,500 on rental property. I mean, this is some of the stuff that goes on, and they’re saying that you know we got problems downtown. The downtown rental people, well, as it was posed to me, were ignorant. They do not know the law. They were afraid to say anything. These people probably know the rental laws, most and most people do, because they know what they can get away with. They know what they can do downtown. They know how far they can push a landlord before they take them to court. And, then, by the time you get them through court and you pay an extra eighty or a hundred dollars magistrate fee, they’ve destroyed your building in and out sometimes before you even get in there to get them out. Thank you.”
Janna Obeldobel 3528 Lindberg Way, Weirton, WV: Re: Ordinance No. 1569 Ms. Obeldobel commented, “I’ve spoken to you before about this ordinance. I also asked the last time I spoke that you step back and take an opportunity to investigate it a little more before you pass it and put it on the books. You chose to pass it anyways. Then you turn around and have to put together a task force to see if it is a good idea. Well, they’ve completed their study, and it’s up to you to decide whether or not you’re going to stand by your decision to keep this on the books or by their decisions and their recommendations, and it’s not such a good idea. The landlords that I know of take pride in trying to keep their property safe, clean and neat because it is their income. They don’t have the extra money to spend when tenants tear things up. And, they do, no matter how carefully you screen, somewhere something’s going to need fixed when they move. And, this is just one more stumbling block to people buying properties that are in need of repair due to being outdated, senior citizens that have possibly passed away or can no longer take care of them. They become for sale. People say, ‘hey, that’s rental property possibilities.’ We don’t need another ordinance to strap us from developing these properties. Otherwise, they’re going to be vacant lots, and they’re not going to be doing anyone any good. The churches are concerned. They have tenants in their congregation. Yes, I’m sure they do. But, have they really gone in and inspected how the tenant is maintaining the property. In most leases it is a tenant’s responsibility to maintain that property in the condition in which they rented it, and it is the landlord’s responsibility to fix anything that is a defect in his property and what he is responsible for taking care of. We heard that there are state ordinances governing the rental properties. Do we need another city ordinance? Our inspection ordinance covers everything that could possibly be wrong in a building, inside or outside. It already has its limits. It has its standards and what the consequences are if not followed. As you heard, we had to spend money to repair things because we were cited. We were informed by letter, not cited, that this needed to be done within a certain length of time. So, we did it.
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Ms. Obeldobel commented, “It’s something we had intended to do, but we had to do it right now or face (unintelligible).
Mayor Harris commented, “Thank you.”
Jennifer Costello 2900 Wylie Ridge Road, Weirton, WV: Re: Ordinance No. 1569 Ms. Costello commented, “Good evening. It’s the first time I’ve been here. It’s interesting to hear. Me and my husband are landlords. We have property downtown as well as on Marland Heights and on Weirton Heights. Several issues that we would have is one that it is just the focus on the Fourth Ward. And, having property downtown, I know the differences on issues I have downtown versus my rental houses. But, the other thing too is that it’s focused on a tenant-occupied versus owner-occupied. So, it’s almost like an attack on that, because we are landlords that our properties are going to be the ones that are always there’s something wrong with, as not always looking at too the owner-occupied. And the other thing is, you know, I was kind of thinking, is there any way Council could impose any like mandate values on the tenants, because what the others have said, I mean, you, you know, you clean up these places. You put hundreds to thousands of dollars in maintenance repairs, and then to bring people in, and then they do trash the place. And, that’s what’s very disheartening. And, I know that me and my husband, I would actually take it as a personal attack, because when we took on our place, new roof, new windows. I mean, he works hard. He’s the one that does the maintenance and the repairs, so he’s the one that works hard on this. And, then when I’m the one that goes through and meets with the people, goes through the lease, you know, trying to, but they don’t. They have no respect or anything. But, you still, you want to be able to work with them, because you want to make the downtown, for the people downtown. They have to have a place to live. If we weren’t buying these places and trying to make that a better place, where would they go? Because they’re probably not in a financial position to own their own home, so you want to encourage the people to be able to, you know, purchase, to buy the property, and want to be able to rent it out. Cause I know I’m at the point at this time, I’ve said, ‘sell it all.’ But, nobody wants to buy it. And, why? Because of what’s going on.”
Mayor Harris commented, “Thank you.”
John Brancazio 1433 Pennsylvania Avenue, Weirton, WV: Re: Ordinance No. 1569 Mr. Brancazio commented, “Hi Council and Mayor. How are you? A lot of great points were made here tonight for the landlords. I agree with a lot of them. I’m going to be brief because everything was pretty much covered. I spoke with Mr. Guida one day last week, and he was tearing down a house. I said why are you tearing this house down. It’s, you know, right behind Papa John’s there on Washington Street. I say this brings good rent down there. He says these people tear them up. And, it’s true. The tenants being poor or not, the tenants tear them up. It’s not the landlords. It’s the tenants. So, like I said in brief, I just agree with what everyone said. And, I oppose this 1569. I hope you find it within yourselves to do the right thing with it. And, a few weeks ago I was at a meeting here. One of the Councilmen said they ought to take care of their own back yard first. It makes great sense. We ought to work together, Council and landlords. You know, I think you’re doing a great job tearing out bad houses. There’s a lot more to come out. If those bad houses come out of the downtown we could revive the downtown.”
Mayor Harris commented, “Thank you.
Mark Orecchio 4022 Palisades Drive, Weirton, WV: Re: Ordinance No. 1569 Mr. Orecchio commented, “Hi. I want to speak against this ordinance, not out of fear that I have bad houses, because I try to have the nicest houses downtown. But, I think more it’s just not going to work. I think what the, the other people and the landlords, we all have in common, we want to clean up downtown. I have a vested interest in having downtown cleaned up. It’s just there’s as many bad owner-occupied houses as there are rental houses. And, I don’t think you should just pick out a few, because if you pick a house that a landlord owns, make him fix it up and spend ten thousand dollars to fix it up, but the two houses across the street are falling in, you’re not going to get a good person going to come in and rent that house, because the owner-occupied house across the street looks like a haunted house. I think if we clean up all of downtown and we could do that with the inspection department and what’s already in place just by walking down the street and pointing at different houses, that house the gutters are falling off, that house the paint’s peeling, that house the whole garage is caving in. You don’t pick out if it’s owner-occupied or rental property. If it’s falling in it’s falling in. If the gutter’s falling off, it’s falling off. You can do that right from the street. You don’t need to inspect, you know, to find out a tenants let the pit bull in and its peed all over the carpet. You know, we don’t have any control over that. But, what you can control is when you walk down the street and you see one house with all these problems whether it’s owner-occupied or rental property, make them fix it. I’m up for that, because if you fix up downtown, I’m going to get better tenants. I’m going to get better rent. The police aren’t going to be coming to then neighbors across the street disturbing my good tenants that I’ve done my full background check on to make sure they’re not criminals, they’re not sexual offenders, to make sure they have a good past. That’s what I do with all my tenants. But, how am I going to keep a good tenant when the house across the street that the guys lived there twenty years won’t do anything. You’re not going to make him fix his house because nobody’s complained about it. I think it should be proactive and I think it should be equal whether you own the house or you rent the house. If your house is in bad shape, it’s in bad shape. You should make them fix it up. And, I think we’re all here wanting to clean up downtown and improve the city. You know, I have friends from all over the world come and stay with me in my house. This is my home, and we drive through downtown, and it looks worse than a third world country in some places. And, it’s not all rental properties that are bad. It’s a lot of owner-occupied that are just as bad, and I think you should enforce the building codes already in place without an inspection. Just picking out landlords, you know, like we’re bad guys. And, if anybody here wants to take a ride with me, I’ll show you every house you own. We’ll walk in any of them. And, I think that anybody here would probably be comfortable living there, because I do my best to have really nice properties. And, we take pride in fixing up my houses. But, it’s tough when, you know two houses down and across the street there’s owner-occupied houses that are falling apart. Thank you.”
Mayor Harris commented, “Thank you Mark.”
Mayor Harris commented, “At this time, we’re going to take a two minute break.”
OLD BUSINESS
Ordinance No. 1594 (Second Reading) To establish a dedicated residential disability parking space at 3729 Marlamont Way for Kimberly Ganoe.
Motion was made by Councilmember Kondik, second by Councilmember Ash. The motion carried by majority, 7/0.
Ordinance No. 1595 (Second Reading) To increase the speed limit on South 11th Street (Powerhouse Road) from its intersection with Schwartz Street to its intersection with the utility road on the right by ten (10) miles per hour from twenty-five (25) miles per hour to thirty-five (35) miles per hour.
Motion was made by Councilmember Dalrymple, second by Councilmember Ash. The motion carried by majority, 7/0.
Ordinance No. 1596 (Second Reading) To establish a no parking zone on the south side of Sinclair Avenue across from where the alley between Heights Street and Schwartz Street intersects with Sinclair Avenue for a distance of fifteen (15) feet.
Motion was made by Councilmember Dalrymple, second by Councilmember Ash. The motion carried by majority, 7/0.
Ordinance No. 1597 (Second Reading) To increase the length of the no parking zone on the south side of the 3800 block of Woodlawn Way at its intersection with Euclid Avenue by ten (10) feet from fifteen (15) feet to twenty-five (25) feet.
Motion was made by Councilmember Kondik, second by Councilmember Ash. The motion carried by majority, 7/0.
Ordinance No. 1598 (Second Reading) To increase the length of the no parking zone on the south side of Franklin Street at its intersection with North 11th Street by an additional twenty (20) feet. (This is to the right side of the home at 105 North 11th Street.)
Motion was made by Councilmember Jones, second by Councilmember Ash. The motion carried by majority, 7/0.
Ordinance No. 1599 (Second Reading) To establish a no parking zone on the west side of North 11th Street across from its intersection with Franklin Street for a length of ten (10) feet. (This will be in front of 102 North 11th Street between the entrance sidewalk {mailbox} and the driveway.)
Motion was made by Councilmember Jones, second by Councilmember Ash. The motion carried by majority, 7/0.
Ordinance No. 1600 (Second Reading) To establish a stop sign at the south side of Fernwood Avenue at its intersection with Palomino Drive.
Motion was made by Councilmember Marsh, second by Councilmember Ash. The motion carried by majority, 7/0.
Ordinance No. 1601 (Second Reading) To rescind Ordinance No. 1368 which was established on January 13, 2003 to reduce the length of the no parking zone on the west side of Mason Street at its intersection with Webster Avenue from its current distance of forty-three (43) feet at the driveway of 157 Mason Street to the standard length of fifteen (15) feet from the intersection with Webster Avenue.
Motion was made by Councilmember Miller, second by Councilmember Ash.
Councilman Miller commented, “Based on the findings of the Fire Department, we need to re-address this issue. So, I’m asking the Council Members if they’ll vote no on this ordinance. Then we’ll go back and re-look at the measurements based on the fire truck making that turn in that intersection before we change this distance. Thank you very much.”
The motion was defeated by majority, 7/0.
Ordinance No. 1602 (Second Reading) To establish a dedicated residential disability parking space at 171 Denise Drive for Joseph Fabianich.
Motion was made by Councilmember Fijewski, second by Councilmember Marsh.
Councilman Fijewski commented, “It says in the document that the recommendation for this ordinance was made by myself. I did not do that. But, I am in favor of it. I just want to make a note to everybody that I was not the one that sponsored this. But, I would ask for your support. Thank you.”
The motion carried by majority, 7/0.
Ordinance No. 1603 (Second Reading) To establish a dedicated residential disability parking space at 169 Hillcrest Road for Phillip Minor.
Motion was made by Councilmember Dalrymple, second by Councilmember Ash. The motion carried by majority, 7/0.
Ordinance No. 1604 (Second Reading) To establish a dedicated residential disability parking space at 129 Franklin Street for Roger Harbert.
Motion was made by Councilmember Jones, second by Councilmember Ash. The motion carried by majority, 7/0.
Ordinance No. 1605 (Second Reading) To extend the current no parking zones on the north and south sides of Greentree Lane at its intersection with Kings Creek Road to a total distance of fifty (50) feet on each side.
Motion was made by Councilmember Miller, second by Councilmember Ash. The motion carried by majority, 7/0.
Ordinance No. 1606 (Second Reading) To remove the no turn on red sign on Weir Avenue at its intersection with Pennsylvania Avenue.
Motion was made by Councilmember Jones, second by Councilmember Ash. The motion carried by majority, 7/0.
Ordinance No. 1607 (Second Reading) To remove thirty-five (35) mile per hour speed limit on all sections of North 12th Street.
Motion was made by Councilmember Miller, second by Councilmember Ash. The motion carried by majority, 7/0.
Ordinance No. (New) To rescind Ordinance No. 1569 for registration and inspection of rental housing units within Ward IV, City of Weirton, WV. (Tabled during the April 30, 2008 Special Meeting of Council. Remained on the table during the May 12, 2008, June 09, 2008 and July 07, 2008 meetings of Council)
Motion to remove the item from the table was made by Councilmember Ash. The motion to remove the item from the table died for a lack of a second.
NEW BUSINESS
Ordinance No. (New) Ordinance increasing the length of the no parking zone on the northwest side of the 200 block of Fairview Street at its intersection with Owings Street by an additional fifty (50) feet to the edge of the driveway located at 210.
Motion was made by Councilmember Jones, second by Councilmember Ash. The motion carried by majority, 7/0.
Ordinance No. (New) Ordinance increasing the length of the no parking zone on the southwest side of the 300 block of Fairview Street at its intersection with Owings Street by an additional thirty (30) feet.
Motion was made by Councilmember Jones, second by Councilmember Ash. The motion carried by majority, 7/0.
Ordinance No. (New) Ordinance establishing a dedicated residential disability parking space across the street from the residence of 3419 Orchard Street for resident Elsie M. Gorrell of 3419 Orchard Street.
Motion was made by Councilmember Ash, second by Councilmember Jones. The motion carried by majority, 7/0.
Ordinance No. (New) Ordinance establishing a stop sign on Crawford Avenue at its intersection with Avenue K.
Motion was made by Councilmember Jones, second by Councilmember Ash. The motion carried by majority, 7/0.
Ordinance No. (New) Ordinance amending Ordinance No. 1483 by changing the composition of the Citizens with Disabilities Advisory Commission.
Motion was made by Councilmember Miller, second by Councilmember Ash. The motion carried by majority, 7/0.
Resolution Resolution to enter into contract with Rose Pest Solutions for rodent baiting services for the City of Weirton.
Motion was made by Councilmember Ash, second by Councilmember Dalrymple.
Councilman Kondik stated that this was approved by the Finance Committee last Thursday.
The motion carried by majority, 7/0.
Resolution Resolution to direct the City of Weirton Planning Commission to study and report to City Council its recommendations with UDO changes in regard to fill / grade permits.
Motion was made by Councilmember Marsh, second by Councilmember Ash. The motion carried by majority, 7/0.
Resolution Resolution to enter into contract with the State of West Virginia Purchasing Division for the purchase of laptop computers for the Weirton Police Department.
Motion was made by Councilmember Ash, second by Councilmember Miller.
Councilman Kondik stated that this was approved by the Finance Committee and he asked Chief Marshall to comment on it. Chief Marshall provided details about the grant obtained through the West Virginia Highway Safety Program. Councilman Fijewski asked if the computer would be capable in the future to hook up with the camera system. Chief Marshall explained that it would be possible in the future.
The motion carried by majority, 7/0.
Resolution Resolution to place liens against real properties for the costs incurred in the demolition of unsafe properties pursuant to Ordinance 250. (Everett and Delaine Berryman; 315 Heaslett Avenue; $8,735.00)
Motion was made by Councilmember Ash, second by Councilmember Jones. The motion carried by majority, 7/0.
Resolution Resolution to place liens against real properties for the costs incurred in the demolition of unsafe properties pursuant to Ordinance 250. (Charleston Welding Company; 3421 Zeta Street; $5,825.00)
Motion was made by Councilmember Ash, second by Councilmember Jones. The motion carried by majority, 7/0.
Resolution Resolution authorizing the application and acceptance for the West Virginia Local Economic Development Assistance Program. ($200,000.00 for the Thomas E. Millsop Community Center)
Motion was made by Councilmember Ash, second by Councilmember Fijewski.
Councilman Kondik inquired if this was the program that Senator Bowman was responsible for and then stated that Council should thank Senator Bowman. Mayor Harris asked if either of the Councilmen who were serving on the Park Board would like to comment. Councilman Fijewski stated that he thought Councilman Kondik was right that Senator Bowman had been extremely helpful and generous in bringing money in to help maintain and improve the Community Center and that the Park Board was very appreciative of it.”
The motion carried by majority, 7/0.
Resolution Resolution to enter into contract for the purchase of road de-icing salt.
Motion was made by Councilmember Ash, second by Councilmember Marsh.
Councilman Kondik inquired with Mr. Brown if the city was going to rebid on the salt. Mr. Brown stated that the city could not rebid. Councilman Kondik inquired if Mr. Brown was going to go out and shop around for it. Mr. Brown stated that he was working on other solutions and that he had plans on the way. He continued by stating that Councilman Marsh had jump-started a program on another material that could be used on the streets and that he was working on that. He stated that by winter, he should have two one-ton trucks ready with brine and that brine was a mixture of salt and water. He continued that a meeting was held and that he believes that it would work. However, he stated that he was currently working on sewers. Councilman Dalrymple asked Mr. Brown to explain to the public why he was looking at alternatives to salt. Mr. Brown stated that there was apparently a very bad winter last year and that he contacted Morton Salt who was the low bidder and that they explained that their warehouses in Steubenville, where we brought our salt in and their warehouses in Ashtabula and Neville’s Island were depleted, between Pennsylvania and West Virginia and that they had to restock those warehouses, so they called Starvaggi. Mr. DuFour asked Mr. Brown what our prior contract for this item with Morton was. Mr. Brown stated it was $46.00. Mr. DuFour stated that what was proposed now was $95.23. Councilman Dalrymple stated that that was the answer he was looking for and that the logistics problem they had with the delivery of their salt was not our concern. Councilman Fijewski inquired what the additional cost would be with our normal ordering pattern. Mr. Brown stated that he increased his budget last year by $20,000. He stated that the year before he used 130 thousand and that last year he used 131 thousand in salt. He stated that he still had 500 tons of salt in stock, but that he could use three to four hundred tons a week depending on the winter. Councilman Fijewski asked Mr. Brown to confirm that it was fair to assume if it was $130,000 last year that we would be looking at $260,000 this year. Mr. Brown stated that it was a possibility and that he increased his budget by $20,000 so he had $150,000 to spend. Councilman Fijewski stated that both he and Councilman Dalrymple were interested in having the public understand that as the cost for salt has increased, so had the cost for all other materials including gasoline. He requested that Mr. Rossi make a note of it in the Weirton Daily Times. Mr. Brown reiterated that he had other plans. Councilman Fijewski stated that he understood but the community needed to understand what we were facing in terms of cost. Mr. Brown stated that we needed public education. Councilman Dalrymple stated that we may also alter the priority of the treatment of the streets as well due to the increased cost and that the citizens needed to be made aware.
The motion carried by majority, 7/0.
Resolution Resolution to purchase a Sanitation Packer Body for the Public Works Department.
Motion was made by Councilmember Ash, second by Councilmember Marsh. The motion carried by majority, 7/0.
APPONTMENTS TO VARIOUS BOARDS AND COMMISSIONS
NONE
ADMINISTRATIVE REPORTS
PUBLIC WORKS DEPARTMENT -
Mr. Brown had nothing to add to his report. Councilman Fijewski inquired about the street paving program. Mr. Brown stated the Carl Kelly Paving had additional work to do within the city and that they had additional work to complete. He stated that they were waiting on a milling machine that had been pulled from Weirton to complete a job elsewhere. Councilman Fijewski thanked Mr. Brown and the citizens for their patience.
POLICE DEPARTMENT -
Chief Marshall had nothing to add to his report. Councilman Ash thanked the Chief for the action of the Police that resulted in multiple arrests in the 3500 block of Orchard Street. Mr. Gurrera reminded the Council that the Weirton Police Department would be enforcing the present curfew law that is on the books. Councilman Fijewski inquired and Chief Marshall provided an update on the bicycle patrol of the Weirton Police Department.
FIRE DEPARTMENT –
Chief Lashhorn had nothing to add to his report.
CODE ENFORCEMENT –
Mr. Serafini had nothing to add to his report.
UTILIIES –
Mr. Mastrantoni had nothing to add to his report. Councilman Marsh requested and Mr. Mastrantoni provided an update of the Penco Road valve cut-in.
MARY H. WEIR PUBLIC LIBRARY –
Mr. Rekowski stated that the library would hold some very special experiences for the children in August.
PARKS AND RECREATION –
Mr. Shingle had nothing to add to his report.
TREASURER’S REPORT
Debbie Swanson provided the treasurer’s report for July 2008:
Beginning Cash Balance: 313,919.75 Interest on checking: 241.97 Deposits: 1,457,107.50 Investment Draw Down 0 Disbursements: (1,316,385.94) Ending Cash Balance: 454,883.28 Beginning Investment Balance: 870,967.73 Withdrawals 0 Ending Investment Balance 870,967.73 Petty Cash Fund: 800.00 Total Cash and Investments Available: 1,326,651.01
Motion to approve the financial reports, pay any bills and approve all department administrative reports was made by Councilmember Marsh, second by Councilmember Jones.
The motion carried by majority, 7/0.
Motion to adjourn the meeting after the closing prayer was made by Councilmember Ash, second by Councilmember Dalrymple.
The motion to adjourn passed by majority, 7/0.
ADJOURNMENT
With no further business before this August 11, 2008 regular session of the Weirton City Council the meeting was adjourned after the closing prayer.
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