WEIRTON CITY COUNCIL
COUNCIL MEETING - REGULAR
MONDAY, SEPTEMBER 08, 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, September 08, 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
Councilmembers Not in Attendance: 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 Rick Stead Weirton Police Department Rod Rosnick Chief Code Official Terry Weigel Parks and Recreation Director Debbie Swanson Finance Director
Others in Attendance: Craig Howell 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 Jones to approve the minutes of the: August 11, 2008 – Regular Council MeetingAugust 19, 2008 – Special Council MeetingThe motion carried by majority, 6/0.
MAYOR’S AWARDS AND PROCLAMATIONS
Mayor Harris requested that Robert Newbrough approach the podium. Mayor Harris commented, “In grateful recognition for your outstanding community service by devoting countless hours of your personal time, hard work, equipment and finances for many years by maintaining a large piece of city property on Valley Way; for your unselfish efforts for your neighborhood and the community, the City of Weirton wants to publicly thank you and recognize you with this Mayor’s award. Thank you very much.” APPLAUSE Mayor Harris commented, “Would you like to make a few comments or anything?” Mr. Newbrough commented, “Well, I had a few words I wanted to say. I think it’s probably been about thirty years I’ve been doing this, and until recently, I’m getting old. People are getting old. The only thing is that I’ve ever asked is if I would be credited with something because of the gasoline or something that I’ve put in. But, that’s the only thing I’ve ever asked of the city. Thank you sir.” Mayor Harris commented, “Well, we would like to thank you again for all of your volunteering and the good care that you take of Valley Way. And, if Councilman Fijewski, that’s his ward, and he brought it to my attention that you do a great job down there. So, we do want to thank you again.” Mr. Newbrough commented, “Thank you very much.” APPLAUSE
COMMUNICATIONS
Councilman Ash commented, “Mayor, this was put on the desk in front of us before the Council meeting, so I’d like to ask that the City Attorney review this, and see what has to be done, if anything.” Mr. Gurrera commented, “I did review it. Basically, I think the position still stands. I mean, if they, if this group comes up and shows that we have the funding necessary for that then we could move forward. If this Jonathan Flager (sp) wants to donate the money, then that’s fine too, but I think that the Weirton Memorial Park Association, their attorney, I’ve had previous correspondence with, we basically have a situation where if they could prove that they have the funding, I think it’s something we can move forward with.” Councilman Ash commented, “Did you receive this recently?” Mr. Gurrera commented, “I just now got it.” Councilman Ash commented, “Ok, so you didn’t see it before this?” Councilman Fijewski commented, “Vince, just a point of clarification please. Even in the letter that we’ve just been given here, it states by this attorney that the deed, the claim deed, was given to the Board of Park Commissioners. Correct. So, does that, if I read that correctly, that means that the Park Board is the proper authority for this. Is that not, am I mistaken?” Mr. Gurrera commented, “No, you are not mistaken.” Councilman Fijewski commented, “Ok, so, as far as this Council is concerned, it’s a mute point.” Mr. Gurrera commented, “This Council can’t act unless the Board of Park Commissioners act. You’re right.” Councilman Fijewski commented, “Ok. Good. Thank you.” Mayor Harris commented, “Any other communication at this time? Ok. Tom, citizen’s remarks.” Mr. Maher commented, “Just a reminder, everyone, that there is a three minute time limit on your citizen remarks. I will go ahead and set the timer when you begin.”
CITIZEN COMMENTS
Pastor Chuck Jerman First United Methodist Church, Weirton, WV: Re: Ordinance No. 1569 Pastor Jerman commented, “Good evening. I’m Chuck Jerman, and I’m the pastor of First United Methodist Church and also Christ United Methodist Church up on the hill. I come here to let you know I support 1569, and I want to give you some reasons why. First of all, social justice. What a horrible thing to get involved with. When you’re dealing with social justice, people don’t like it. A majority of people don’t like when people get involved with social justice. Pastors do. There was a fellow by the name of Martin Luther King who also dealt with social justice, and you know what they did to Martin Luther King. There was Gandhi who dealt with social justice, and you know what they did with Gandhi. And, then there was my boss, Jesus, who also dealt with social justice, and you all know what happened to Jesus. So, I stand before you dealing with social justice here on 1569. Most of you have probably already made the decision what you’re going to do with that, but I wanted to speak on behalf of the clergy downtown about what we feel about 1569, that everyone should live in a good place and location and have a decent home. Now, some of say we need just to register the people there, and don’t worry about anything else. I wonder what would happen if we’d just registered all voters and didn’t have anybody to vote for or voters couldn’t vote, but just be registered. I think we need to not only register homes of those people who own homes who are renting them out as landlords, but also to have it inspected so that people who are living in these homes are living in decent places, the electricity is fine, that things are going well at the minimum is probably the best you can do. But, as all dealing with social justice, you are part of that system. And, you also have to make a decision. Do people who rent homes have the right to live in decency? Most of landlords are decent, wanting everything to be taken care of well, and I applaud them. But, there are some landlords who really are out just to make money and don’t care about the dwellings and don’t care about the people about who they rent to. And, that’s why I talk to you tonight about them, that I hope that you can deal with the social justice here in Weirton and that everyone, everyone who rents a home, can rent a home in some type of dignity and in a dwelling that’s secure. And, I hope that you’ll go beyond just registration, that you’ll see that those homes can be inspected so that other things, that they live in a good dwelling. I wasn’t here last month because I was out of town, but there was a landlord here who, I think it was Mr. Allen who had come. I got pictures from Mr. Allen because he had taken some pictures of my home, my church, with some other churches too. I wish that he was on my trustee board, because…” TIME EXPIRED Pastor Jerman commented, “…he did some fabulous work for me, because I was able to get a few things done at the church that needed to be taken care of in repairing. Mr. Allen, I understand, is a landlord. But, I also realize that actions speak louder than words. And, when Mr. Allen came and shared this, the eight pictures that were not only my church, but other clergy and their churches, I realize that this landlord is in favor of 1569, because he cares. He took the time out to take pictures of things that we needed to be taken care of, and other churches too and other establishments as well. And, so I hope that with the action of Mr. Allen who supports by his action 1569, that you too will also follow his route and also support 1569. Because, actions speak louder than words, and Mr. Allen truly wants to see this place be clean and decent for the dwellings he has. And, so along with Mr. Allen, I hope that you will support 1569, and see that everyone who lives here in Weirton lives in a decent place of comfort and safety, especially for those who rent a home. Thank you very much.” Mayor Harris commented, “Thank you.”
Mr. Vince Oliver 117 Heights Street, Weirton, WV: Re: Good of the City Mr. Oliver commented, “I’m going to make it short and sweet. Usually I go on and on, but today, short and sweet. I’d like to thank the Police Department first of all. They’ve been patrolling up there pretty good. They’ve slowed down the traffic. It’s down well. Believe me. But, we have another problem which wasn’t there before. New Cumberland Sanitation seems to be going to Weir High School with their garbage truck and flying through there at five o’clock in the morning at four thirty in the morning, and flying through one way and flying back the other way at thirty-five and forty mile and hour. I think that needs to stop, especially when there’s signs on each end of the road that says no thru trucks. So, we need to get that stopped. On the second note, doest the city own the property that the Cove School is on?” Mayor Harris commented, “Yes.” Mr. Oliver commented, “I would like to make a suggestion, just a suggestion if possible. I go to the concerts over in Steubenville all the time and I go to the concerts in the park in Follansbee all the time. They’re very nice. My suggestion for that piece of property. A lot of people from Weirton go there, to both of them. I’ve seen a lot of people from Weirton at both of them, and everybody said, ‘why can’t Weirton have something like this?’ It’s just a suggestion. It’s a good place for it.” Mayor Harris commented, “Thank you.”
Mr. Jim Johnson Weirton, WV: Re: Good of the City Mr. Johnson commented, “Thank you Mr. Mayor. I’d like to read something. The pastor, I guess he’s gone. I’ve lived in Weirton almost all my life, and I’ve kind of ashamed to say I live in Weirton. This is the reason why. Too many homes in Ward Four and other wards are in need of repair because the value of the other houses beside and across, and that is a fact. So many run down homes and rental units of tenants who pay rent each month are living in unsafe, unsanitary conditions. I would like to ask each one of you, would you like to live in one of these houses, or have one of these houses beside yours. I don’t think you would. There are many homes where the grass isn’t being cut, shrubs, bushes are growing over the sidewalk, and some have sidewalks that are dangerous or sidewalks have been removed and months later they still haven’t been repaired. I also want to know why the landlords who are making money on these units are not being held accountable to keep them in safe and sanitary condition, and would these landlords like to have these homes beside their home. I don’t think so. There is a resolution that has been presented in a previous meeting that addressed the city. However, members of Council have chosen to table this matter. Unfortunately, the longer the discussion is delayed, the more run down and unsafe these houses will be. I have talked to Mr. Ash, my councilman, and he believes in trying to address this issue, and he needs the support of each elected officer, councilmember, and he needs it now, and so do I. I speak for myself and my wife. The discussion and vote today may save many of these homes from being condemned and demolished. I also would like to cover no curfew. Now, where I live at, we have a lot of kids going to school and after school after hours. I’ve also addressed that to Mr. Ash. Weirton, downtown Weirton looks like a slum. Go up Main Street. Look at the buildings. Are the windows cleaned? I don’t know if any of you gentlemen are young enough to remember, but I do. Downtown in Weirton was clean. The windows were cleaned by the shop owners. The sidewalks were cleaned. We used to have a sweeper like the gentleman that owns Steel and Wolfs Funeral Home. Doug has a sweeper, a small one that does the front of his funeral home. We used to have that running up and down Main Street.” TIME EXPIRED Mr. Johnson commented, “We also used to have the big sweeper go up through Main Street down where I live at early in the morning. I don’t hear that anymore. Why? If you want business in this town you’re going to have to clean it up, not only up on the hill, but downtown, to get the business downtown. I wish you would pass this. Thank you very much for your time.” Mr. Gurrera commented, “Sir, if I can address the no curfew. It’s back in.” Mr. Johnson commented, “Oh. Is it? Mr. Gurrera commented, “Yes. They got rid of it a few years ago. I think the City Judge back then and the City Attorney back then thought that it was unconstitutional. I talked to Chief Marshall, and basically we reinstituted it. So, there is a curfew in Weirton for underage people.” Mr. Johnson commented, “Thank you again gentlemen.” Mayor Harris commented, “Thank you.”
Ms. Sherri Byers-Pepper 3632 Collins Way, Weirton, WV: Re: Cove School Ms. Byers-Pepper commented, “I’m distributing the Weirton Historic Landmarks Commission report as to the way our community exists historically right now at this moment. Also, I have distributed to you a letter I received from Susan Pierce, the Deputy State Historic Preservation Officer. I also gave you some old history, the 2002 idea about leveling Cove School. I didn’t include this though, and this is a picture of the flooring that was in Cove School. It was put there and New Cumberland and Marland Heights and Dunbar in 1939 by a WPA project, and if you, this is all the same product throughout the school system here. I’d like to call your attention to the letter from Susan M. Pierce. It’s from the West Virginia Division of Culture and History. That’s calling for a 106 Review. Also the letter was sent to the Commissioner of History in the state, also the EPA and to me, besides being addressed to Mayor Mark Harris. And, it does say that a 106 Review is necessary, because the last time they checked Cove School was in 2002. I would like to call your attention to the line that says, ‘additionally, demolition in anticipation of federal funding could jeopardize future assistance by federal agencies according to 36-CFR-800.9.C.1.’ So, the City has chosen I guess not to go along with the 106 Review, and that would make EPA, the funding, the grant they have not quite a good one. I also want you to take a look at this. This is a Brownfield’s Grant Program. This is what’s on the internet about the grant that you received, and I’d like for you to take notice of the bottom four lines. ‘When the site is cleared, the City plans to develop it into a senior housing and green space. The green space will provide a central park and serve as a corridor to adjacent recreational areas. The City expects the redevelopment to stimulate improvements to adjacent facilities and other revitalization efforts for the downtown area.’ Also attached to that is the Brownfield’s Grant Fact Sheet.” TIME EXPIRED Ms. Byers-Pepper commented, “Ok. Let me tell you one thing. This is what happens with an EPA grant that went to Missouri, and in all the documents we have received during this time period that we’ve been talking to you about Cove School, we have found on the West Virginia Development site, page 280, is the, Cove School was supposed to be revitalized. BHJ, the same way. And, I am warning, I’m warning you. You better look carefully before you move. Thank you for your attention.”
Mr. David Obeldobel 3528 Lindberg Way, Weirton, WV: Re: Ordinance No. 1569 Mr. Obeldobel commented, “Good evening. I’m here to speak against Ordinance 1569. First of all, I’d like to know the results of the Task Force, I believe there were six meetings you had, or so, for it, of what their findings were.” Mayor Harris commented, “You go ahead.” Mr. Maher commented, “Council I have the last meeting, if you want me to present that.” Councilman Ash commented, “Yes. Go ahead.” Mr. Maher commented, “These are the Housing Task Force minutes from July 09, 2008. The Housing Task Force met at 9:00 AM in Room 201 of the City Building. Task Force members present were George Ash, Reverend Ernie Wright, Mr. Edmund DiBacco and Mr. Bruce Lamp. Mr. Ash asked for recommendations from the Task Force. After discussion Mr. Ash asked the following questions, and received the following votes from the Task Force. (A) Should the City of Weirton keep Ordinance 1569? 2 to 1 vote to rescind this Ordinance; Mr. DiBacco and Mr. Lamp voted to rescind. Reverend Wright voted to keep the ordinance as is. (B) Should the City of Weirton adopt Ordinance 1569 city wide? 2 to 1 vote against; Mr. DiBacco and Mr. Lamp voted no. Reverend Wright voted yes. (C) Should the City of Weirton adopt and ordinance to inspect rental properties city wide for safety issues only? 2 to 1 vote against; Mr. DiBacco and Mr. Lamp voted no. Reverend Wright voted yes. (D) Should the City of Weirton adopt an ordinance to register all rental property city wide with the City of Weirton Code Enforcement Agency? 3 to 0 vote yes. It was recommended that the City charge an administration fee of twenty dollars per unit for the initial registration of rental property and ten dollars per unit for each time a change is made. This was approved by all members of the Housing Task Force.” Mr. Obeldobel commented, “I thank you on that. And, you asked for a continuance of thirty days last time George to see what the Task Force had to say. I hope you take their advice on this. Now, also, do you just go downtown and look at property, or do you go all over town and look at the properties?” Councilman Ash commented, “The Task Force decided they just wanted to see the properties downtown.” Mr. Obeldobel commented, “They didn’t take any…” Councilman Ash commented, “The Task Force did not want to see the properties throughout the City. They did not want to talk to any residents.” Mr. Obeldobel commented, “As that pastor said before, which I think he left, everyone in the City deserves housing, proper housing, you know, clean, electrical, plumbing, not just downtown. If something like this would go through, I’d like to see it all over town, not just one district. You had on the ordinance as the pilot program. A pilot program, if can explain it to me, I understand that’s how you were going to start it downtown and then move it all over town.” Councilman Ash commented, “No. That’s not what the ordinance says. It says it’s a pilot program to see if it works in downtown. If it works and the rest of the Council wants it throughout the City then we would look at it. It doesn’t mean it’s automatically going to go into the entire City.” Councilman Fijewski commented, “It does automatically mean, doesn’t it Mr. Ash, that after that two years the program may not continue.” Councilman Ash commented, “It may not continue. It might not work. If it doesn’t work, we’ll cancel it.” Mr. Obeldobel commented, “I understood under a pilot program, if it would work in two years, you were going to make it city wide, not just…” Mayor Harris commented, “It’s possible as long as Council all agree to do that.” Mr. Obeldobel commented, “Ok. So, right now it would just be downtown. In two years you could drop it.” Councilman Ash commented, “Yes.” Mr. Obeldobel commented, “The rest of the City, they can live however, and have bad property and it don’t make any difference?” Councilman Ash commented, “After two years we have to come back and look at the entire ordinance. Mr. Obeldobel commented, “I guess that’s about it for now. Thank you.” Mayor Harris commented, “Thank you.”
Ms. Janna Obeldobel 3528 Lindberg Way, Weirton, WV: Re: Ordinance No. 1569 Ms. Obeldobel commented, “Good evening gentlemen. Hopefully, this is the last time you’ll hear from me on Ordinance 1569. I hope to get this resolved. So far you’ve been hearing from landlords and how they oppose this, and it seems like it’s been mostly from a monetary standpoint. Well, yes, we do take that stand, but I’d like to throw in a couple other possibilities of what could happen if this ordinance stands. With this ordinance standing over the landlords heads they’ll be less likely to be willing to buy property that needs renovation simply because this ordinance doesn’t allow enough timeframe. If you take a mortgage out, you still have your mortgage payments, interest, taxes, fees, whatever. You do the most urgent repairs first to the property. Then you hopefully can rent it enough to make the income to continue the repairs. This ordinance doesn’t allow for that timeframe. It says you must have a rental certificate in order to rent a property. You cannot get a rental certificate unless your property passes. So, it’s kind of a circle where you’re not going anywhere. Also, the idea that crime is more prevalent in areas that need renovation, yes, it is possible. But, I know of two brand new housing areas where they also their share of crime, fights, drugs, shootings, and they’re not just downtown, and this is housing that would pass any construction, and does. So, it’s not just the run down properties that have a problem with this. Also, I want Council to think that they could possibly live with the following scenario if you keep this ordinance. Fewer properties will be sold for renovation impacting realtors, banks and lending institutions, the home sellers themselves and utility companies. You’ll have more houses being demolished which could put more expense on the City for demolishing these properties. You’ll have service fees that you will not be collecting on a vacant piece of property, and tenants are going to have to move into other areas because the available housing is going to be less. And, they’re going to start moving into more affluent areas, and possibility of a higher crime rate is going to happen. There’s no positive side to this ordinance, only less development, less income, less (unintelligible)…” TIME EXPIRED Ms. Obeldobel commented, “…to locate here. We in the city are already in a depressed, economically depressed, area. This ordinance will only make it more so. Thank you.” Mayor Harris commented, “Thank you.”
Mr. Ralph Barone 1045 Barone Drive, Weirton, WV: Re: Ordinance No. 1569 Mr. Barone commented, “Good evening and Council. I’m not going to go over the same spiel I have in the past, but in this ordinance 1569, you had better consider, are you going to try to preempt state law. You know there’s a state statute that covers all these. And, Mr. Ash in his ward, who is promoting this, has had problems with people on the street he tells me, and the landlord doesn’t even know what’s happening. So, really, don’t blame the landlords. Blame the tenants. And the reverend here, speaking about, he found out the trustees after it was called to his attention a couple of things wrong with his church, well he should have known that himself. I mean, he’s the pastor. So, again we come to the, we come to the position that, number one, we better watch that you’re not preempting state law. Number two, you’re going to in effect really cause more burden, and on this twenty dollar fee, why should we pay an outside contractor when we have an inspections department. And, I think the Inspection’s Department has done a pretty good job without 1569 in George’s ward. He’s, they’ve torn down a few properties already. I told George if they tear down a few more, you won’t have any voters. But, I think it’s, we still have a lot in his ward, and I showed you pictures. We have a lot on Marland Heights. There’s, nobody’s doing anything. You aren’t even enforcing your own ordinances. Go up Marland Heights and look at the first place you come to, and that’s been that way for not one year, two years, maybe three years, and a Councilman lives up there. So, all this talk about another ordinance just aint going to matter. Enforce what you got. I think what, in Mr. Ash’s ward, he’s probably forced them to do, the inspections department to do a lot of work. That’s what they should do anyway. But, don’t blame the landlords for it all. I on Marland Heights have a twelve unit apartment house and we have one, I can name a few that we’ve had to redo completely top to bottom. So, again, I’m completely opposed to 1569, and things are bad enough in this town. And, if you want to, you know, put a damper on anybody, even wanting to invest in real estate maybe to fix it up, they won’t do it. Thank you.” Mayor Harris commented, “Thank you.”
Mr. Jim Lemal 3521 Lindberg Way, Weirton, WV: Re: Ordinance No. 1569 Mr. Lemal commented, “With all due respect to Pastor Chuck Jerman, I’ll probably pay for this on Sunday, I just thought I’d make a comment. I’d like to reiterate my opposition to Ordinance 1569. I oppose this ordinance on the grounds, I think it’s unfair. An owner-occupant does not have to have an inspection done on his property while a responsible landlord such as myself does. That’s all I’ve got to say. Thank you.” Mayor Harris commented, “Thank you.”
Ms. Jodi Kraina Weirton, WV: Re: Pool Mr. Kraina commented, “I’ve already shown this to you the last City Council meeting, and I would like just to give the people here a chance to view the (unintelligible) organization’s plan for the Weir Memorial Park up on Marland Heights. We’ve been working on this for close to four years now. It’s an incredible project. And, I just want to re-read the letter publicly that was sent to you by Skaden (sp), Apps (sp), Slate (sp), Meager (sp) and Frome (sp). John Flager (sp) is the attorney for National Steel Bankruptcy Court. He writes, ‘Dear Mark, Mayor Harris. I represent National Steel Corporation in their bankruptcy proceedings in the Bankruptcy Court for the Northern District of Illinois. As you know, on November of 1983, National Steel conveyed by way of Quit Claim Deed it right, title and interest in the Margaret Manson Weir Memorial Pool and recreational area to the Board of Park Commissioners of the City of Weirton. Pursuant to the agreement to convey entered into between National Steel and the Board, it was agreed that the Weir Memorial Pool shall be used only for recreational purposes. I know I don’t need to say this loud and clear, but it’s a reminder that that property was deeded to the Parks Board to be used for a very specific purpose and reason that it is no longer being used for. Please consider this letter National Steel’s support for the Weir Memorial Park Association’s Weir Memorial Pool project. We believe that this project is in the spirit of what was intended when the Weir Memorial Pool was conveyed to the Board by National Steel. Thank you for your time. Please let me know if you have any questions.’ I am only reading that publicly to enforce before the public and the citizens that we have now appealed to National Steel Corporation to hopefully take over the property and give it to Weir Memorial Park Association so that we can honor the agreement that was given to the Parks Board for which they have not followed through on that agreement legally or otherwise. It’s sitting there going to waste. It may as well be used for the community and for the children. This is an incredible project, a skate park for the kids, a pool which they didn’t put the diving boards on there, because it can be deepened to twelve and thirteen feet to reinstall diving boards and outdoor amphitheater for summer concerts. What a great idea. A (unintelligible) path that will go all the way around the back on the additional twelve acres, so that people can run or walk or jog, a dog park so they can take their animals. This is something that is a dream that most people in Weirton would give anything to see happen. The reason is the people in this city have dreams and visions that have long since died by the wayside, and we have nothing left but this putrid little city, no jobs, no grow industry, nothing. Coca-Cola tried to come in. Pepsi tried to come in. Michael Distanby (sp) with Accurate Plastics tried to come in. Most recently a steel company tried to come in with 200 jobs, and everybody’s driven them out. And, now you have a chance to do an incredible and incredible project that the City could have gotten behind this group of women to help them do this for our children, and it still sits there untouched…” TIME EXPIRED Mr. Kraina commented, “…because of legal issues that will now have to take it to another level. And, that’s sad, because we could have done this as a team. And, the people of the City would come back to life because of that. New opportunities are coming all the way around. Why can’t we stand up and do something good for our kids. If you won’t do it for yourselves, if there is a political agenda, can we set it aside and do it for the children and for the next generation. Thank you.”
Mr. Mike Chek 165 Campbell Lane, Weirton, WV: Re: Skate Park Mr. Chek commented, “Good evening Mayor and members of Council. I only have a couple of these, so if you will pass them through the circle. I’m here as a member of the Youth Advisory Board, the Mayor’s Youth Advisory Board, and the subject I want to talk to you tonight is about the skate park. What we’ve come up with for the skate park, at least in a temporary issue is, we are, we would like to ask for the far corner of that parking lot that is near the railroad tracks. There is twenty-one parking spaces involved. I’m talking about the ball field would be up in here. This is the city garage right here. And, these are the parking spaces that would be involved. Currently out of those twenty-two spaces, nine of those are taken up by, I don’t know if they’re abandoned vehicles or who owns them. There’s a couple of Code Official’s cars and a police wagon over there. And, there’s already lighting in the area. And, what we’d like to do is, to get this kicked off, is to purchase some, some portable equipment, and these area American made, well built ramps. There a good quality construction. And, we can set those up in that parking area with a couple of picnic tables, and just put a few chains across so nobody drives through there, and we can get this kicked off and something moving relatively soon. I was wanting to have some of the kids here tonight, but most of them are involved in sports activities and different things, and so with conflicting schedules, they couldn’t make it. But, I ask you for that particular place because right now it is lighted and has minimal use and minimal needs as far as laying concrete or anything. And, we can get something moving soon. I know we’ve been talking about this for months. The Mayor’s been having different fundraisers. I’d like to, as part of the company that I own, I’d like to put in my support for the golf outing. Our company will support a team for the end of the month, and anybody else who is wanting to donate, we’re glad to have it. So, thank you very much.” Mayor Harris commented, “Thank you. Also, Mr. Chek, since you brought that up, we would like to let the public know and the Weirton newspaper, we are having a golf outing on Saturday, September 27th at 9:00 to benefit the skate park. And, we are trying to raise dollars there. As far as what you have there, we don’t really want to purchase any equipment. We’re still waiting on Senator Bowman to come through with some Digest Money for us, and then at that time, we’ll know exactly how much we have, and we can approach Council, cause there’s some insurance issues also that we need to approach Council with, whether or not we’re going to give it to the Park Board or keep it in the City as far as the City owing it and maybe paying the insurance. So, there is some other issues that we need to talk about. Thank you.”
OLD BUSINESS
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, July 07, 2008 and August 11, 2008 meetings of Council)
Motion to remove the item from the table was made by Councilmember Ash, second by Councilmember Dalrymple.
Councilman Fijewski commented, “George, do you want to make a comment on that?” Councilman Ash commented, “Well, I was going to wait until we actually went into the ordinance, but I could make it now.” Mr. Maher commented, “Well, you would need to take it off the table before any discussion.” Mr. Gurrera commented, “That must be taken off of the table.”
The motion to remove the item from the table passed by majority, 6/0.
Mayor Harris made three attempts and failed to get a motion on the ordinance.
The ordinance died for lack of a motion.
Councilman Fijewski commented, “I guess that I’m confused Mayor.” Mayor Harris commented, “We took it off the table. Now, we’re going to the first reading…” Councilman Ash commented, “To rescind the ordinance.” Councilman Fijewski commented, “To rescind the ordinance.” Mayor Harris commented, “…to rescind the ordinance.” Councilman Ash commented, “And no one made a motion to rescind it.” Mayor Harris commented, “So, we’re now we’re not rescinding it.” Mr. Maher commented, “It died.” Councilman Fijewski commented, “I didn’t realize that. I’m sorry.” Mayor Harris commented, “Ok.” Councilman Ash commented, “I don’t want to make a motion to rescind the ordinance. I’m not going to do that. But, if you don’t mind, I’d like to make a comment. I know it’s not proper. It’s not part of Roberts Rules of Order, but if you would indulge me for a second, I’d like to.” Councilman Marsh commented, “The opportunity to motion is gone.” Mayor Harris commented, “Yes. After the third request. I called for a third motion. I didn’t get it. So, at that time it kills it.” Councilman Ash commented, “Mr. Fijewski called me this morning, this afternoon. We had a talk this afternoon. And, one of the things he suggested, and I have no (unintelligible) over it, is, and I’m willing to look at it go forward with the motion itself at a later date at a special Council meeting and the next Council meeting if it’s passed. His suggestion was that maybe because this Council and the previous Council has declared the Ward Four Census Tract low to moderate slum and blight that we may consider taking the responsibility of the charge for the registration/inspection of these properties throughout the city, either by using CDBG money, or maybe by General Fund if need be. I have no problem with that and if that’s going to come up at the…if we do not rescind this ordinance, if we do not rescind this ordinance 1569, I will come back and make that motion at the next special Council meeting, the special or regular Council meeting so that we can do that.” Mayor Harris commented, “At this time, at this time, I asked for the third time for a motion and I didn’t get it. So, at that time it shows it died. Is that correct Solicitor?” Mr. Gurrera commented, “Yes. It is.” Councilman Ash commented, “I want Council to know that I will keep my word that I will do that.” Councilman Fijewski commented, “Mayor, could you indulge me as well please? My purpose for having opened this subject up to discussion was a follows. Number one, if we as Council believe that there is a problem in Ward Four and that we need as a, as leaders of the community to address it, and my thought was that maybe we need, not that maybe, that we should pay for it. This is a pilot program. If this Council decides at some future date that they want, that they want to make it expanded, then we can look at how fees can and cannot be absorbed. But, the role here is to improve the situation in the town, and my points to Councilman Ash were that, let’s look at all ways to solve a problem and if the money issue is such a big issue to everybody, then let’s, let’s stand up and be counted as far as Council is concerned, and let’s pay for it if we really, if we want to do it. And, then we can move forward with it and take away a big issue I think that a lot of people are against, which is the payment of the fees. So, that was my, the base for my comments to Mr. Ash and I appreciate you allowing me to say that. Thank you.” Mayor Harris commented, “So, now we’re looking, I asked for the motion the third time, and I didn’t receive it. So, let the record show that the ordinance dies for lack of a motion.
Ordinance No. 1608 (Second Reading) 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, 6/0.
Ordinance No. 1609 (Second Reading) 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, 6/0.
Ordinance No. 1610 (Second Reading) 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, 6/0.
Ordinance No. 1611 (Second Reading) 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, 6/0.
Ordinance No. 1612 (Second Reading) 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, 6/0.
NEW BUSINESS
A motion was made by Councilmember Fijewski, second by Councilmember Ash to establish the hours for the City of Weirton Halloween Trick-or-Treat observance on Thursday, October 30, 2008 between 6:00 PM and 8:00 PM.
Mayor Harris stated that reason we were doing it on the 30th was that there were a lot of fall games on Friday, and that we didn’t want that to interfere with our Trick-or-Treat. The motion carried by majority, 6/0.
Ordinance No. (New) Amending Ordinance No. 1574 and declaring garbage, rubbish, filth, debris, high grass, weeds, noxious weeds and rank vegetation and/or hazardous trees, shrubs and plants as a public nuisance. (City Attorney)
Motion was made by Councilmember Ash, second by Councilmember Jones.
Mr. Gurrera commented, “Again all this is, is we’re clearing up some issues that were presented to the judge and I believe this makes it a better ordinance.
The motion carried by majority, 6/0.
Ordinance No. (New) Authorizing the conveyance of City of Weirton property to the Weirton Redevelopment Authority. (City Manager)
Motion was made by Councilmember Ash, second by Councilmember Fijewski.
Mr. DuFour commented, “Gentlemen, since the Chairman of the Redevelopment Authority is not here, just to refresh everyone’s memory, he had been here before Council approximately two months ago requesting that two lots on West Street that are really adjacent to the Tin Mill Credit Union be transferred to the Redevelopment Authority for the purpose of sale or leasing for redevelopment. They had been approached about a potential project, and again this is the step in that process to move forward and solicit the plan of the parties interested in the purchase of the two lots. The legal descriptions are attached.”
The motion carried by majority, 6/0.
Resolution To enter into contract for the demolition of the former Cove School Building. ($99,549.00; Pulice Construction Company, 3071 Pennsylvania Avenue, Weirton, WV 26062) (City Manager)
Motion was made by Councilmember Dalrymple, second by Councilmember Ash.
Mr. DuFour commented, “As was pointed out to Council by copy of letters you received and this is the second copy. I got the Mayor’s original and sent it to all of the Councilmen. The City of Weirton has been, it was as potential awardee of a grant from the US EPA Brownfields. Under that grant, and after having talked to those EPA officials, we qualify for that amount of funding only for removal of hazardous materials, and the most immediate case, asbestos, which the City has contracted for. We do not qualify for funding for demolition of the structure unless there are any outstanding issues related to hazardous materials remediation or other factors. This one we do not. And, what was pointed out with regard to the 106 Review is also correct. A request has been made to the State to reissue their letter of August of 2002 which indicated the structure was not historic, that it had been in a major way altered over the years. We’ve asked for the reissuance of that. There is a thirty day period or so for the state to make that review and come back and provide their comments to us. I would ask that Council proceed to accept that low bid which would be help to us, and that we proceed after we’ve heard from the State Department of Culture and History with regard to our request.”
The motion carried by majority, 6/0.
Resolution Authorizing the City of Weirton to serve as co-sponsor for the 2008 Harvest Festival; not to exceed $10,000. (City Manager)
Motion was made by Councilmember Marsh, second by Councilmember Miller.
Councilman Dalrymple commented, “Who’s the organization or at least the touch base on whenever we touch base with the public, who’s going to be the organization that’s going to be handling the Harvest Festival this year is it’s traditionally been the, a City of Weirton project and the gentleman who took care of that has moved on to other endeavors. I think we need to let the public know who it is that’s going to be handling this from now on.”
Mayor Harris commented, “At this time the Weirton Jaycees will be handling this event. Do you have any comments Gary to make on that?”
Mr. DuFour commented, “No. I talked to Ms. Courtney, the President of the Jaycees. They are very much interested in continuing the event, working with us and the Top of West Virginia Convention and Visitors Bureau for their support as well. So, they’re seeking our financial support and help from some of our personnel, lighting, and electricians and so on, and they’re also asking the CVB to continue the commitment they made in the past two years as well.”
The motion carried by majority, 5/1 with Councilmember Ash voting nay.
Resolution Authorizing the payment of the 2008-2009 West Virginia Municipal League dues. ($3,673.98) (City Manager)
Motion was made by Councilmember Miller, second by Councilmember Fijewski.
Mr. DuFour commented, “This is an annual payment of our dues to the Municipal League. They are our principal information contact in Charleston. They also act for us as legislative liaison in many issues that affect municipal governments. You have all received their newsletters. I know we have not been attending many of their meetings that they are held, and some of them might not help or be of interest to Council. But, at every legislative session, Lisa Dooley and her charges have been there working for us, and coming back to us with municipal issues and issues where municipalities knows (unintelligible) if the legislature makes a wrong move. I would suggest that we do renew our annual dues and continue to be active in that organization.”
The motion carried by majority, 5/1 with Councilmember Ash voting nay.
Resolution To enter into contract for the purchase and installation of video surveillance cameras for the Weirton Police Department. ($39,985.64; Lauttamus Communications, 1344 Cove Hill Road, Weirton, WV 26062) (City Manager)
Motion was made by Councilmember Ash, second by Councilmember Marsh. The motion carried by majority, 5/1 with Councilmember Dalrymple voting nay.
Resolution To enter into contract for the purchase of two (2) in-car video systems for the Weirton Police Department utilizing West Virginia State contract pricing. ($3,894.00 per unit; $7,790.00 total; Digital Ally, Inc., c/o Coleman Marketing Group, 3190 Pruss Hill Road, Sanatoga, PA 19464) (City Manager)
Motion was made by Councilmember Ash, second by Councilmember Miller. The motion carried by majority, 6/0.
Resolution To enter into contract for the purchase of four (4) tasers and the related equipment for the Weirton Police Department. ($3,467.40; Town Police Supply, PO Box 417, 3985 Virginia Avenue, Collinsville, VA 24078)
Motion was made by Councilmember Ash, second by Councilmember Jones. The motion carried by majority, 6/0.
APPONTMENTS TO VARIOUS BOARDS AND COMMISSIONS
City of Weirton Redevelopment Authority
APPOINTMENT REAPPOINTMENT TERM
Jerry Banketas 09/08/2008 08/01/2008 – 09/31/2013 1107 Barone Drive Weirton, WV 26062
Motion was made by Councilmember Marsh, second by Councilmember Miller. The motion carried by majority, 6/0.
ADMINISTRATIVE REPORTS
UTILIIES –
Mr. Mastrantoni had nothing to add to his report. Councilman Marsh commented, “On the proposed project for east Weirton scheduled for next spring, I understand there’s, are there two creek crossings in that?” Mr. Mastrantoni commented, “I believe just one.” Councilman Marsh commented, “Just one?” Mr. Mastrantoni commented, “Right. You’re talking sewer, right?” Councilman Marsh commented, “Yes. Do we need any kind of DEP approval on that?” Mr. Mastrantoni commented, “There won’t be a DEP approval until a U. S. Conversation Service 202, (unintelligible) completed.” Councilman Marsh commented, “Have we started that process so we can stay on schedule?” Mr. Mastrantoni commented, “No. We have not yet.” Councilman Marsh commented, “Could we get started on that?” Mr. Mastrantoni commented, “Yes.”
PUBLIC WORKS DEPARTMENT -
Mr. Brown had nothing to add to his report. Councilman Fijewski commented, “John, I really appreciate the work your people did on Ann and Miron. That project had been there for a lot of years, and those people really appreciated your efforts and the efforts of your department, so thank you for that.” Mayor Harris commented, “Thank you John.” Mr. Brown commented, “Thank you.”
MARY H. WEIR PUBLIC LIBRARY –
No one was present to represent the library.
PARKS AND RECREATION –
Mr. Weigel commented, “I’d just like to update Council on some of the projects that we’ve got going on. You may have seen we’ve begun work at the façade at the Millsop Community Center. I want to thank the Public Works for their assistance. They came in and helped us and tried to help defray the cost of the project. They took great care to protect the monument which is included on the grounds as part of the project and had been discussed before. We are currently out for bids and we’ll be taking bids through the 18th of this month. Then the bids will be open and then we’ll proceed with the work to the outside. Along those same lines, the Park Board has also contracted with an architect to, he is currently working on design work inside of the building. We’re looking at the Rose Room area and the (unintelligible) room area. We intend to upgrade and improve those facilities, provide a nice meeting room where we can also display some things, and also upgrade to provide a nice (unintelligible) space in there. So, the planning for that project is already going on. As you may have seen, Senator Bowman has received additional funding that will be going towards that, so we continue with the fundraising efforts and the planning efforts at that next stage there. Also, we are working with the Starvaggi Park Civic Association. They are beginning a fundraising effort to try to raise money to do a splash zone up at Starvaggi Park. We had visited, Council and Park Board members Max Fijewski, Ron Jones, and I visited the City of Toronto who just installed one for this (unintelligible). We’ve got a lot of great assistance in talking with him and other Park Board members also have been over there and saw that, and the civic association has agreed that that’s a project that they would like to take on. So, we’re all working together and we sat down to talk with Butch (unintelligible) capital assistance and that with that and we’ll, I believe we’re going to get together here this week, and we greatly appreciate that. And, we have a unique situation and, you know, with everybody putting their head together, we have, we think we’ve got a very realistic shot at making things happen for next year is our goal. And, the block has finally come in for the restrooms over here at the ball field. It’s finally delivered, so we should see that project move really quickly at this point. (Unintelligible) actual work done, so hopefully we’ll get that completely (unintelligible).” Mayor Harris commented, “Also, Terry, I had a comment for you. We had some harsh comments earlier about Marland Heights Pool just sitting there and not putting any money into it, and I believe that you guys have talked about or are in the process of resurfacing the tennis courts and sidewalks. Is that the case? Have you guys put any money into there?” Mr. Weigel commented, “At this point we have, we’ve been working with the paving contractor and you’re all totally aware of delays with that. But, as he’s back in, we’ll be redoing some walkways up on Marland Heights Park. Actually, we just did, you know, we did the preseason, but then here again in July we did a huge grounds clean up and project up there. We spent several thousand dollars in materials just fixing things and that up there. And, you know, I disagree with what she said. If anybody went to Marland Heights Park, it is definitely getting use as a park. Ok. We’ve got all kind of shelter rentals, picnics up there, graduation parties. The kids are playing out there. The people playing basketball, playing tennis, so we are still getting use out of that, and we are working towards that, keeping and maintaining those grounds and the equipment up there.” Councilman Dalrymple commented, “The shelter rental has been fairly steady through the summer too. Hasn’t it?” Mr. Weigel commented, “Yes. The one thing that we saw Councilman was when the pool did not close, it really did not affect shelter rentals. We had, I think, one less shelter rental the next year. So, it’s not so much the pool. It’s the park like setting that attracts people (unintelligible). And, we think it’s still ideal. We’re still trying to maintain it. It has a beautiful park like setting.” Councilman Fijewski commented, “Mayor, I agree that the disappointing thing is they have people come forth and make statements which at least to my perspective are just totally inaccurate. And, Councilman Jones and myself are representatives of this Council, you know, to that Park Board. And, I just would like to tick off again what has been said here. We have a half a million dollar project going on to improve the front of the Community Center. We just recently purchased a sixty thousand dollar sign, one of the visual signs that’s going to be posted out front. We’re putting in walkways up at Starvaggi, excuse me, up at Marland Heights Pool. And, that’s because Councilman Jones had some discussions with the paving company who were generous enough to work with Ron on that project. The basketball and tennis courts at Marland Heights, at the Weirton Heights are all being reconfigured. They’re going to be repaved. The playground at Starvaggi Park has also just been refurbished with mulch and the whole nine yards. We just refurbished all of Marland Heights. The baseball field is currently going under a major renovation with restroom facilities being installed in there, and the Mayor and others are putting together the skate park that Mr. Check spoke to. So, it’s disheartening to hear individuals make statements that we somehow as a City are not moving forward. It’s totally inaccurate. It has no basis in fact, and the truth of the matter is I think that this Council and the Park Board and individuals who are working very hard to improve this City, that these things are not appreciated by a very small segment of our population. And last but not least, the splash park. That is a huge undertaking. That will represent an investment in this community.”
END OF TAPE
FIRE DEPARTMENT –
Chief Lashhorn had nothing to add to his report.
POLICE DEPARTMENT -
Chief Marshall had nothing to add to his report.
CODE ENFORCEMENT –
Mr. Rosnick had noting to add to his report. Councilman Ash thanked Mr. Rosnick for the demo work that his department had been pursuing.
TREASURER’S REPORT
Debbie Swanson provided the treasurer’s report for August 2008:
Beginning Cash Balance: 454,883.28 Interest on checking: 228.73 Deposits: 1,253,935.55 Investment Draw Down 0 Disbursements: (1,088,189.01) Ending Cash Balance: 620,858.55 Beginning Investment Balance: 873,456.01 Withdrawals 0 Ending Investment Balance 873,456.01 Petty Cash Fund: 800.00 Total Cash and Investments Available: 1,495,114.56
Motion to approve the financial reports, pay any bills and approve all department administrative reports was made by Councilmember Miller, second by Councilmember Ash.
The motion carried by majority, 5/0/1 with Councilmember Marsh abstaining.
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, 6/0.
ADJOURNMENT
With no further business before this September 09, 2008 regular session of the Weirton City Council the meeting was adjourned after the closing prayer.
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