WEIRTON CITY COUNCIL

 

COUNCIL MEETING - REGULAR

 

MONDAY, SEPTEMBER 10, 2007 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 10, 2007 at 7:00 P.M. in Council Chambers of the City of Weirton Municipal 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

Chief Kessler Cole                       Weirton Fire Department

Gary DuFour                              City Manager

Vincent Gurrera                          City Attorney

Thomas J. Maher, Jr.                  City Clerk

Chief Bruce Marshall                    Weirton Police Department

A. D. Mastrantoni                       Utilities Director

Jim McHenry                              UDO Administrator

Rod Rosnick                               Chief Code Official

Valerie Means                             Finance Director

Rik Rekowski                             Mary H. Weir Public Library Director

Terry Weigel                              Parks and Recreation Director

 

Others in Attendance:

Citizens

J. J. Bernabei                                       City of Weirton Board of Parks and Recreation

William Dalrymple                       City of Weirton Planning Commission

Dan Greathouse                         Top of WV CVB

Jody Kraina                                Weir Memorial Park Association

Richard Reinard                          City of Weirton Historic Landmarks Commission

Giovanni Rossi                           Media - Weirton Daily Times

 

Mayor Harris led the Pledge of Allegiance.

 

APPROVAL OF MINUTES

 

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

August 13, 2007 – Regular Council Meeting

The motion carried, 7/0.

 

MAYOR’S AWARDS AND PROCLAMATIONS

 

Mayor Harris commented, “We have two tonight.  Brandon Shugart bowled a 300 game at Steel Valley.  Also, we have Joey Lemel which earned his Eagle Scout.  Will Brandon Shugart come up first?  Brandon, how you doing?”

 

Mr. Shugart commented, “Good.  It’s nice meeting you.”

 

Mayor Harris commented, “Brandon, that’s something, a 300 game!

 

For bringing honor and distinction to the citizens of the City of Weirton for bowling a 300 game at Steel Valley Bowling Lanes and by being the only person in the State of West Virginia under the age of twenty-one to have accomplished this bowling a perfect game.  Your accomplishment deserves special recognition and this Mayor’s Award.

 

Mr. Shugart commented, “Thank you.”

 

APPLAUSE

 

Mayor Harris commented, “Would you like to make any comments to the Council?”

 

Mr. Shugart commented, “Thank you.”

 

LAUGHTER

 

Mayor Harris commented, “Do you give lessons?”

 

Ms. Kraina commented, “Joey couldn’t be here tonight.”

 

Mayor Harris commented, “Joey couldn’t be here tonight.”

 

Ms. Kraina commented, “He’s away at WVU.”

 

Mayor Harris commented, “OK.  We’ll wait for another night to ask them back.  All right.  Thank you.”

 

COMMUNICATIONS

 

Mayor Harris commented, “OK.  At this time, as far as communications goes, I just want to announce October 31st, Trick-or-treat will be from 6:00 to 8:00.  Are there any other comments?  Go ahead.  I think we do have some people that want to speak.  Correct?”

 

Mr. Maher commented, “No.  That’s under Citizen Remarks.

 

Mayor Harris commented, “Oh.  Sorry.  OK.  Under communications, do we have anybody here that wants to talk or speak?  Nothing to talk about?  OK.  We’ll go to Citizen’s Remarks.”

 

CITIZEN COMMENTS

 

Ms. Peggy Baker Huyghe        1208 Hanlin Way, Weirton, WV:

Re: Street Sewer Problem

Ms. Huyghe commented, “All right, first off I just want to…I just have pictures to give so you can understand what I’m getting at.  I’ll pass them around.  I’m here for the residents of Hanlin Way up on Marland Heights, the 1200 block.  My name is Margarite Baker Huyghe.  I go by Peggy.  I live at 1208 Hanlin Way up on Marland Heights.  And, the reason why I’m here is to address the flooding problem that we’re having in our residence on the intersection of the 1200 block of Hanlin and Brightway.  The first thing is that we did have a civil action suit and that the sanitation department is to put in check valves to install at each one of our properties and there are seven of us that were in this class action suit.  I’ve contacted the Mayor’s office and the City Manager and the Sanitation Department.  I want to know what’s going on, when these check valves are going to be installed, or replaced, or what’s going on.  I haven’t heard anything at all.  To this date we would like know a date of when they are going to be installed, when they are going to start installing them and when they are going to be completed.  But, we feel that this is a band aid fix.  We’ve went through this for years and years.  It started in the seventies.  We need the City…Mayor and the City Manager, and the Board to help us and look into this matter and get this fixed.  We have sued before in 88.  This is the second time that we’ve sued the city.  We don’t want to keep on suing.  We don’t want our homes destroyed.  As you can see, we’re in a lovely residential area.  We’ve put a lot into our homes.  We need the problem fixed.  It’s been in the seventies.  The stress, the damage, the losses that we’ve incurred over the years, the stress on our foundations.  It keeps going on, and it has to stop.  And, there’s no reason why this can’t be fixed properly instead of keep on band aiding it going down the line.  As I said, I have pictures to show the devastation we go through every time.  And, how can we get, every time they get a new broadcast in it’s going to storm or something, we all get a sick feeling.  If we’re away from home, we beat it home, because we’re afraid our basements are going to back up and flood again.  We should have, not have to feel like this, and I want the city to set up some type of something to keep us in touch about what’s going on, and we need this to stop, and we need someone to step up to the action, and please just don’t send us to the sanitation board and say it’s their problem because we’ve tried and tried and tried that, and we’re not getting anywhere.  So, we need and we’re begging for your help.  This has been waiting too long.  This is going on 37 years now.  And, it’s ongoing.  We’ve sued twice.  A total from the seventies to 1988 we were flooded five times in our home.  We’ve never thought of the word suing.  We just complained and complained and trusted the city.  Nothing happened.  As soon as we started saying we were going to sue we did get some…umm…when we walked…and I was with them…I was younger, but I…we walked down and showed how the man holes were collapsed.  They did repair some work there.  They just keep on saying it can’t handle it.  Well, then put in a bigger storm sewer at the end of our street or something to handle it.  It all goes into a cove at the end of the street and goes down into the sanitation department anyhow.  But, we need something and we need someone to step up for us.”

 

Councilmember Kondik commented, “And I agree.  I agree with here a hundred percent.  I been there, done that with the residents on Hanlin…”

 

Ms. Huyghe commented, “What has happened since…”

 

Councilmember Kondik commented, “…and it’s not…it’s the overflow into their basements and everything like that.  And, what it is, is you know there’s a problem.  Yes, it can be fixed.  When is it going to be fixed?  We’re tired of the excuses.  We’re tired of all the, ‘There’s a lawsuit.  We can’t do this.’  Two minutes ago, Butch and I started arguing about why, ‘I can’t do this. I can’t do this. I have to do this.’  It’s to the point now, and I’m sure everybody here has the same problems that Peggy has.  Fix it.  Get it over with.  Get it done.  Fix it today.  Move on.  Get it done.  And, I agree with them a hundred percent.”

 

Ms. Huyghe commented, “What it is it’s the line of homes when you’re up on Marland Heights, I don’t know if you’ve ever been up there.  Have you ever been up on Marland Heights where the Convenient and it goes down into the dip…?”

 

Mayor Harris commented, “I have some property up there.”

 

Ms. Huyghe commented, “…in that dip area.  OK?  When we have a heavy, heavy rain all the overflow, because they’ve done the smoke tests and everything, everyone has disconnected their downspouts to go into the yard instead of into the sewers because they said, ‘Well, this wasn’t working, this wasn’t working.’  So, they put it out to their yards.  They overflow, any hard rains, it gets so much congested in that bottom pit that it starts backing up into our homes.  Well, if we’re going to put check valves in…”

 

Mr. Gurrera commented, “Ma’am, when I got a list of the active cases with the city, involving the City of Weirton, this case was not on an active list.  Is your case pending right now?”

 

Ms. Huyghe commented, “We’ve settled.”

 

Mr. Gurrera commented, “OK.  So it’s a…I just wanted to make sure there wasn’t an active case and you were saying something…”

 

Ms. Huyghe commented, “No.  It’s…that’s why I’ve waited before we came.”

 

Mayor Harris commented, “If you…If you settled, what was, what did you settle for?

 

Ms. Huyghe commented, “Well, they just, they settled out of court as a money settlement that they’ll put the check valve in to correct the problem.  That’s not what we want.”

 

Mr. Gurrera commented, “Who is your attorney?”

 

Ms. Huyghe commented, “Eric Frankovitch.  In ‘88 we went to court and sued the city.  OK.  And, we did a trial jury court and everything, myself and two other plaintiffs.  This time it was seven of us that all went in it.  They assured us that they were correcting the problem, they were fixing, they were putting bigger storm sewer, bigger sanitation sewerage, man hole and everything at the bottom of our street.  That was in ‘88.  And, George Dasowich (sp) which had it turned into his insurance company five times between ‘88 and ‘04.  I’ve gotten water, a little bit, not a foot, two and three foot like I have in these pictures.  George has, and he lives right across the street from me.  He’s the brown permastone house, where his insurance was to the point of cancelling him.  And, then when we got this September of ‘04 flooding, you know, it’s like you can’t turn to anybody else but maybe suing and they’ll wake up again.  We don’t want to sue.  We don’t want to go through the hassle, go through the stress and the…”

 

Mayor Harris commented, “We don’t want you to sue either, so…”

 

Ms. Huyghe commented, “We just want a bigger storm sewer.”

 

Mayor Harris commented, “OK.”

 

Ms. Huyghe commented, “OK.”

 

Mayor Harris commented, “I’m also a victim of a flooding.  I know how you feel.  Every time it rains I’m worried about the creek coming up, so…”

 

Ms. Huyghe commented, “But, you live near a creek, and you know…”

 

Mayor Harris commented, “Right.”

 

Ms. Huyghe commented, “…but shame on me, I don’t live near a creek.”

 

Mayor Harris commented, “I know.  But, that is something we’ll have to discuss with John Brown and Butch Mastrantoni and with the rest of the Council and find out what, what we can do to stop that.”

 

Mr. Gurrera commented, “Do you have any objections if I speak with Mr. Frankovitch to find out what the exact settlement was?”

 

Ms. Huyghe commented, “I have a thing of the check valve and everything.  I have all that for you.”

 

Mr. Gurrera commented, “I just, I’d rather get it from the attorney and…I just don’t want to get something that…”

 

Ms. Huyghe commented, “Well, you want, here’s the names, the list and here’s what they agreed on, but then I’m sure he’ll give you more…”

 

Mayor Harris commented, “Butch, would you like to say something?  Are you involved with this Butch?”

 

Mr. Mastrantoni commented, “Yes, sir.”

 

Mayor Harris commented, “Would you like to explain maybe what happened?”

 

Mr. Mastrantoni commented, “Again, there was a settlement made, arrived in between our attorney, Anthony Cinseri (sp).  I think he’s with Burns and White.”

 

Mr. Gurrera commented, “Burns, White & Hancock?”

 

Mr. Mastrantoni commented, “Yes.  And, the plaintiff’s attorney, Eric Frankovitch at Frankovitch Anetakis Law Firm.  Our insurance company did make settlement with regard to the claims.  They are not chronic in nature.  They grew out of the Francis/Ivan affair, the hurricanes that past through here dumping eight plus inches of rain within 8 to 10 hours.  They have not chronically appeared.  As a part of the settlement, the Sanitary Board was to install check valves.  I’ve ordered all the check valves.  I have all the materials necessary to do that.  However, I don’t believe that the, and I’m not trying to be argumentative, I don’t think the attorneys understood the continuing requiring for maintenance, the installation of the check valves on private property, as well as surface appurtenances that would be associated with this.  It would require written easements at each property site since this was done in and adverse scenario.  I don’t believe that we want to go and do this, take this step, until all the attorneys have legally taken care of all the loose ends, so that once we have a clear direction to install them, the installations can be made.”

 

Mayor Harris commented, “I wasn’t aware of those suits, so you’re going to check that out for us…”

 

Mr. Gurrera commented, “You know what.  It wasn’t an open, it’s not still an open suit.  Is it?”

 

Mr. Mastrantoni commented, “No, no, no.  From what I understood, I got the, I’ve got the notification that it was settled just at the end of the last administration.  That’s probably why you didn’t know this before the transition.”

 

Mr. Gurrera commented, “Yes.  It wasn’t on my list of active…”

 

Mr. Mastrantoni commented, “Right.  It was settled just before.”

 

Mayor Harris commented, “We can take a look at that.  Right Vince?”

 

Mr. Gurrera commented, “I’ll look.”

 

Mayor Harris commented, “You have more comments.”

 

Ms. Huyghe commented, “Yes.  I…

 

Mr. Mastrantoni commented, “I’m not quite finished yet, and I don’t want a debate.  But, I’ve been involved over 25 years in water and sewer and how water runs in pipes…my experience there is pretty significant.  I have to tell you that there was some remedial work that was done after the first lawsuit.  Since that time, all the studies that we’ve had that entire line televised, the Sanitary Board hasn’t been sitting back on its laurels.  It’s been doing its due diligence.  We’ve had that whole area televised.  None of the televised tapes indicate any cross connections between surface connections, in other words storm sewers or surface water running into the sanitary system.  The system is sized correctly.  There’s not much left in the way of lots for continuing build up, or build out in that area.  The system is sized correctly to handle the residential sanitary loading that is on it, that is placed on it.  The problems…”

 

Councilmember Kondik commented, “And, that’s documented three years ago?”

 

Mr. Mastrantoni commented, “Please Councilman.”

 

Councilmember Kondik commented, “It’s documented three years ago?”

 

Mr. Mastrantoni commented, “Yes.  Please Councilman.  Let me finish.  The sanitary lines are sized adequately to handle the residential load from the current load and any projected small build up that there might be within those, within that area.  The problem occurs when you have excessively high rain falls and water from those high rainfalls, surface waters are channeled back to the sanitary sewers.  It may not be purposeful channeling back, but in some of the lower lying homes that are in different elevations than the homes down right at the intersection of Brightway and Hanlin, the homes upstream from that that have low lying garages, all the water runs down, gets under the garage door and goes right down the sanitary sewer.  And, if that happens in enough regularity throughout all of those homes, just the rainfall and that being channeled back to the sanitary sewer is enough to flood that sewer when its significant, a significant duration and the ground becomes saturated.  What you have is probably and inadequate storm system to handle the surface water.  I don’t know of any storm system that could have been built to design to handle the Ivan and Francis situations.  Those were hurricane rains of significant hundred and five hundred year rainfalls.  Those evens you can’t design and build for.  You typically build for a twenty-five to thirty-five year rainfall, rainfall event.  Therefore, I think it’s going to be highly unlikely with any of the monies that we currently have that we’re going to be able to address any problem there.  That would require total rebuild or build out to the maximum in order to address those particular homes.  That’s why I think that elder valves that we’re suggesting, would work, would protect those seven or eight homes that are most vulnerable to a surcharge, while still allowing the line to surcharge and slowly vacate the excess water that would occur in a significant surface event.  Again, these are not chronic events.  They’re periodic.  But, they have happened in the ‘80s, and they did happen recently with the two hurricanes that we had.”

 

Councilmember Kondik commented, “So, I want to get a second opinion to this, and if we get a second opinion and we find out that it can be fixed, then what do we do?”

 

Ms. Huyghe commented, “Didn’t we prove that in the ‘80s?”

 

Mr. Mastrantoni commented, “This body can engage in engineering studies if they’d like.  We have done so.  We have employed companies to determine, to televise those lines, show the…We’ve actually televised, run cameras up, we have video tape of every foot of line all the way through there trying to find extraneous sources of flow into the lines.  We haven’t.  We’ve done our due diligence there.  We’ve done everything that can be done.  The question is if you want to upsize it beyond the capability that would load that facility for sanitary flow, upsize it to make the combined system, you can do that, but it’s going to cost you a great deal of money and it definitely defines the principles that the Sanitary Board…”

 

Councilmember Kondik commented, “How long does it take to find out what that costs, what that would cost?”

 

Mr. Mastrantoni commented, “…excuse me…definitely defies the principles that the Sanitary Board has had for management of sanitary flow versus surface water flow.  In other words you’re combining the two.  Once you combine them, they’re polluted.  Now, you have to disinfect them, whereas a surface flow can be re-channeled right back to a receiving stream.”

 

Councilmember Kondik commented, “How long does it take to find out what that would cost?”

 

Mr. Mastrantoni commented, “Sir that would be up, if you all decide that a second engineer or a second opinion is needed, that’ll be up to him to determine.  I couldn’t tell you that.  I can only tell you that we’ve been more than diligent and it’s egregious and I refuse to handle this situation.  We provided all those tapes to the insurance companies as well.  That was their determination.  So…”

 

Mayor Harris commented, “OK.  Councilman Ash, did you have something to say?”

 

Councilmember Ash commented, “Yes.  For over 30 years, my basement had flooded every time that it rained.  Butch, don’t go away yet, please.  I want to ask a question.  And, finally, the last term, Mayor Harris, or Mayor Miller came out and we stayed there and we found a solution, fixed it, and I don’t have any problems anymore.  And, I do appreciate that.  I don’t know what they did to fix it.  That’s…I don’t really care because I don’t…”

 

Mr. Mastrantoni commented, “I could tell you that one.”

 

Councilmember Ash commented, “But, my question to you is…”

 

Mr. Mastrantoni commented, “The power company drilled a hole through your storm sewer.”

 

Councilmember Ash commented, “Our, that board is an autonomous board.  Right?”

 

Mayor Harris commented, “Correct.”

 

Councilmember Ash commented, “My question to Vince is, what authority do we have to do anything to help them?  I want to help them.  I agree with George.  Something’s got to be done.  But, what authority do we have to override what they’re doing?”

 

Mr. Gurrera commented, “I don’t know that we do have any authority to override it.   And, that’s kind of why I wanted to know who the lawyer was.  I want to see what the heck they really agreed…I mean, I see a small settlement thing here.  I don’t know whether or not we stepped into some, stepped into a situation where we probably should have just stepped back and allowed the water board to do it.  And, if we did, and we made promises in this lawsuit, then, of course, we have to keep them.  But, I need to talk to the other people involved in this to find out what all we agreed to.”

 

Mr. Mastrantoni commented, “Again, Anthony Cinseri (sp) and Dan Guida was involved for…”

 

Mr. Gurrera commented, “Dan Guida represented the Water Board?”

 

Mr. Mastrantoni commented, “The Sanitary Board.”

 

Mr. Gurrera commented, “The Sanitary Board.”

 

Mr. Mastrantoni commented, “Yes.  And, Mr. Cinseri (sp) also the Sanitary Board and the insurance company.”

 

Councilmember Kondik commented, “I think we’re here to show Council, perhaps, what has not been done, to ask Council for some direction, to ask Council, to ask, maybe I’m asking for some help.  Maybe there’s some, in this new body of Council people that there’s something else that we should be doing.  Is there some other direction that we should be looking at?”

 

Mr. Mastrantoni commented, “And…”

 

Councilmember Kondik commented, “And, I know what you’re going to say.  I know what you’re going to say.  We’re not here to debate.”

 

Mr. Mastrantoni commented, “Don’t…don’t…”

 

Councilmember Kondik commented, “We’re not here to debate.  We’re not here to debate.”

 

Mr. Mastrantoni commented, “I don’t…”

 

Councilmember Kondik commented, “Because, we’ve been here doing this for seven years, and we’re going to go on and on and on and on.  So, basically, basically…”

 

Mr. Mastrantoni commented, “Well, actually, we haven’t been doing this for seven years…”

 

Councilmember Kondik commented, “Twelve years.  Thirteen years.  It’s been too long.”

 

Mr. Mastrantoni commented, “But, the thing is, I want you to understand that, and you can get this from whoever you’d like.  You can hire an engineer to tell you whichever, whatever you want to hear.  But, we have done calculations that show the residential concentrations on Marland Heights in that area, all the areas tributary, that flow into that handle and wait collector and then finally down off of the hill, the residential loading on any one day, if this was a chronic problem today whenever everyone went home at six o’clock, had dinner, flushed their toilets, washed their dishes, we would have had a problem.  It would have manifested itself in flooding some of the seven homes.  This doesn’t happen form sanitary loading.  It happens from surface…”

 

Councilmember Kondik commented, “But it does happen whenever we have a storm sewer, a rain storm.”

 

Mr. Mastrantoni commented, “And, again, it doesn’t happen every time it rains.  We’ve not had…I’m down there every day, and I haven’t had any calls for handling rain in the last couple of days, and we’ve had rain.  We’ve had rain as much as two or three inches in 24 hours and the problem hasn’t manifested itself.  The problem, again, occurs when you have significant rainfall, and when we had seven to eight inches of rain fall during the Ivan issue, we had massive problems everywhere.  And, if you recall that entire year, there was massive three inch plus, twenty-five, fifty year storms, hundred year storms.  We haven’t had those since then.  And, with those, those storms hadn’t presented themselves.  We don’t have a continuing problem.  Again, I’m not here to debate.  I do want the body to understand, however, that the Sanitary Board has done, has, has, has enlisted the help of professionals.  We’ve also done work internal.  We’ve televised those sites, so it’s not like we know definitively that we have a problem.  I couldn’t point to a problem today and say, ‘Maybe we’ll change that.  Maybe we’ll change this.’  Now, in 1988, they did change two man holes.  They changed.  They put in a separate section of line, and they did remedial work.  All that remedial work was designed to eliminate a constrictive area right at the intersection of Brightway and…”

 

Councilmember Kondik commented, “And, did not those size, size pipes, did it not go into a smaller sized pipe.”

 

Mr. Mastrantoni commented, “They deliminated that Councilman.”

 

Mayor Harris commented, “All right.  At this time, this is something we need to discuss in a meeting with…if we need to get an engineer, then that’s what we need to do, but we need to discuss this at a later date.  Because, if not…”

 

Ms. Baly commented, “In our ’88…”

 

Mayor Harris commented, “Hold on.  Hold on for a second ma’am.  Ma’am you’ll have to sit down.  We’ll call your name off the list.”

 

Mayor Harris commented, “Oh.  OK.  I have partial hearing loss.”

 

Mayor Harris commented, “I will give you a call.”

 

Ms. Huyghe commented, “In ’88, that’s when our settlement went to trial jury, we had engineers from WVU and everything, come in and maybe he can get with Eric Frankovitch to get all that.  Things that we’ve showed them, the man hole in front of McCardel’s house, like George was saying, we went down there.  We saw the size of the pipe.  You have twelve inch, two twelve inch pipes going into one ten inch pipe.  They found that in the collapse of the man holes and that in ’88 because Bill McCardel, myself, my brother and I, we’ve walked down and showed them how everything was all caved in and collapsed.  As soon as we had the media out to the house and said we were suing, then they started jumping on board, OK, we’ll fix those man holes and stuff.  Everything that we’ve asked and that, we had to basically fight for.  And, this is what’s happening this time again.  Everything, the man holes, we got three man holes that they’ve tarred over with blacktop.  We used to have three storm sewers in our street, going down our street.  Maybe it’ll slow up the flow to go down the end of it.  I don’t know.  But, now they all covered up when the street covered it.  No one checked into that when…”

 

Mayor Harris commented, “At this time, he’s going to have to talk to the attorneys and figure out what happened.  And, once we figure that out, then we can go on our way of discussion and…”

 

Ms. Huyghe commented, “You have my email and everything.  Just keep me posted, so we don’t keep coming back to meeting.  Will you just let me know what’s going on?”

 

Mr. DuFour commented, “And, Ma’am, if I could suggest too, I would like this discussion to occur in front of Sanitary Board.”

 

Ms. Huyghe commented, “We have plans Thursday to go down.”

 

Mr. DuFour commented, “Because, I must tell you, I’ve received NO copy of the settlement of this case to my office!  The solicitor…”

 

Ms. Huyghe commented, “I have an email that I sent to both of you and…”

 

Mr. DuFour commented, “Well, emails are not what a court approves ma’am.  I’m looking for the settlement.  That’s why it’s best the solicitor does indeed talk to Mr. Frankovitch and get that resolved.  Second that we get information from the Sanitary Board.  We are as sitting here, sympathetic, but guessing.  OK.  And, we need to get the body of facts.  That’s all…”

 

Ms. Goldie Baly    1206 Hanlin Way, Weirton, WV:

Re: Street Sewer Problem

Ms. Baly commented, “Mr. Mayor, gentlemen and Ms. Means, I’m Goldie Baly, B-A-L-Y, and I live at 1206 Hanlin Way.  I have a partial hearing and I could only hear part of what Mr. Mastrantoni said.  But, I respectfully disagree with some of the things that he has said.  You can forget about the seven inches of rain.  I’ve lived in this house for 61 years.  I’m 85 years old, 86 years next month.  And, I’ve kept track.  Any time we get three inches or more of rain, we have flooding.  The sewer backs up and the stench is unbearable.  To get the basement sanitized is a very, very expensive procedure.  But, the stress and the trauma is something else.  We had two floodings in a nine day period in 2004 when Hurricane Ivan and Hurricane Francis hit, we got the ruminants of that.  And, I no sooner had someone…I had four feet of water in my furnace.  My washer and dryer were totaled.  So was everything in the basement.  I think Mr. Kondik saw my basement.  The firemen came at 2:00 in the morning, pumped out the basement.  I’m a window.  I couldn’t even sleep on the second floor because the stench was so bad.  I had to open the French doors and try to sleep on the sofa in the living room.  That’s how unbearable this situation is.  But, Mr. Mastrantoni met with us in 2004 in Eric Frankovitch’s office and he said, ‘well the water comes downhill from Brightway, and the dip, you can’t help that.’  Well, there are downhill roads, one to Capital Drive, all over Marland Heights, all over town.  They don’t have the problem.  The different people that I’ve spoken to…I was there outside when the man televised the pipes.  I was there when different people did surveys.  The problem is that as they added on houses, build more houses up the street, the sewers simply could not handle the water.  And, we should not have to live in fear every time we get three or more inches of rain.  That’s the bottom line.  We are lifelong residents here.  We’re citizens of Weirton.  If I try to sell my house, Lord knows, if I have to move into an apartment or a nursing home considering my age, I would have a very difficult time selling my house.  I feel that they should address our problem.  It really is a very traumatic situation, and I hope that people will look into it.  In this modern day of technology, they certainly ought to be able to do something about it.”

 

Mayor Harris commented, “I do promise you that we will take a look at that.”

 

Ms. Baly commented, “I need to ask the support of the Mayor and City Council and hope that we are not forgotten as local citizens.  And, I certainly thank you for giving us your attention this evening.”

 

Mayor Harris commented, “Well, ma’am, thank you for the book.”

 

Ms. Baly commented, “You’re welcome.”

 

Councilmember Fijewski commented, “Mayor, can I ask Butch one question please?”

 

Mayor Harris commented, “Yes.  Go ahead.”

 

Councilmember Fijewski commented, “How much communication has your office had with the people at Hanlin Way within the last twelve months?”

 

Councilmember Kondik commented, “Zero.”

 

Mr. Mastrantoni commented, “Sir.  Because it was through attorneys.  We spoke through our attorney, Mr. Cinseri, to their attorney.  I did attend the meeting at Mr. Frankovitch’s office where the residents were there explaining what the elder valves did, how the one way check valves work.  And, at that time, that was the last time that I spoke directly to the residents.”

 

Councilmember Fijewski commented, “And, how long ago was that, please?”

 

Mr. Mastrantoni commented, “Oh. Lord.  That could have been maybe a year or so and a half ago.”

 

Councilmember Fijewski commented, “Thank you.”

 

Mr. Gurrera commented, “Butch, is it your understanding that the settlement was for future damages also?”

 

Mr. Mastrantoni commented, “For future damages?  Sir, I couldn’t tell you, because I haven’t seen a copy of the release.”

 

Mr. Gurrera commented, “OK.

 

Mr. Mastrantoni commented, “All I’ve gotten is letters of transmittal from Anthony Cinseri.”

 

Mr. Gurrera commented, “OK.

 

Mayor Harris commented, “All right.  Thanks.”

 

Councilmember Fijewski commented, “Thanks.”

 

Mr. Vince Oliver   117 Heights Street, Weirton, WV:

Re: Traffic / Speeding

Mr. Oliver commented, “Vince Oliver, 117 Heights Street.  I’m here, as you probably know to address the situation on Heights Street, South 11th Street, and Red Rider Road in the Weir High School area.  Fist of all, I’d like to say that the article that was put in the paper on Saturday morning, 9/1, is totally bogus and false, first of all, and I have the proof to prove it.  It says that, uh, they found no problems with South 11 th Street, Heights Street, Schwartz Street and Red Rider Road.  I beg to differ, and I’ll give you reasons why.  First of all on, now this was taken on, with the City’s machine, the City’s radar machine that they set up on the side of the road where it tells you how fast you’re going.  I took a survey starting on Monday, 8/27/07, and I got this information off of that radar machine.  On 8/27/07, which is a Monday, I recorded 5 cars going 35 to 35 miles an hour.  I recorded 35 cars going 35 to 40 mile and hour.  I recorded 27 cars going 45, 40 to 45 mile and hour and 8 cars going 45 mile and hour and over on 11th Street.  On Tuesday, 7 going 35, 30/35, 32 going 35 to 40, 30 going 45, 40 to 45, and 6 going over 45.  On Wednesday, 8, 30 to 35, 40, 35/40, 40/45, 25 and over 45 was 2.  Thursday, 5 going 30 to 35, 35 to 40 was 38, 40 to 45 was 29 and 3 over 45.  Friday was 11, 30 to 35, 40, 35 to 40, 23, 40/45 and 10 over 45.  Now, that tells me there’s a problem on South 11th Street, just that street.  Now, let’s talk about Height Street.  I’m not a genius, but I’m not an idiot either.  On Monday the 27th I counted 10 cars just at random.  Its 300 feet.  Now, there’s 150 feet between each telephone pole on my street.  I marked it off with a marker, a roll marker.  300 feet.  8.5 seconds in those 300 feet, that’s 35.2 mile an hour.  Now, that ranges, again I went 10 random cars.  So, the speed was from 35 to 42 mile an hour in 10 cars, just 10 cars.  Now, there’s probably 150 cars that use that road a day.  On Tuesday the speed ranged from 34 to 45 in the same period of time.  Now, this is between 7:50 AM and 8:40 AM when the schools going to school, the same time each day.  Tuesday was between 34 mile and hour and 45 mile and hour.  Now, the speed limit’s 25, keep in mind, 25.  When you get over the top of the hill, it goes to 15.  Now, God knows they’re only going, they’re not going 15 mile an hour.  Wednesday, I didn’t get there.  Thursday it went from 36 mile and hour to 50 mile and hour, the range of the speed.  Friday, it ranged from 35 to 47 mile and hour.  That was in morning.  Now, the article also says that, according to Mr. DuFour, they had radar up there 5 days, all them 5 days.  I beg to differ there.  They had it 3 days.  Wednesday they were there at 11:00 which is no traffic.  Thursday they were there at 12:00 which is no traffic.  Friday, they were there from 2:30 to 5305.  I was there too.  They had radar there.  The police were there.  I counted 8 cars with my, with my uh, marker in that 300 feet while they were sitting there with radar.  The speed then ranged from 35 to 42 mile and hour when they were sitting there with the radar.  Why?  The speed limits 35 mile an hour, 25 mile and hour.”

 

Mayor Harris commented, “It sounds like you’re having a lot of problems there with speeders.  But, you’re not the only, the only, you know sections and wards that have that.  We are having numerous complaints on that issue, but we only have five cars out at a time.  And, I was going to ask Chief Marshall…”

 

Mr. Oliver commented, “I’m not through yet.”

 

Mayor Harris commented, “OK.”

 

Mr. Oliver commented, “In the same article it says, Mr. DuFour, it says, uh, was present at the meeting and previously spoken to Chief Marshall.  Now, don’t get me wrong, and I’m not bashing the Police Department.  Believe me, I’m not, because they do a fantastic job in every other department except the speeding department, which is obvious around the whole city.  I’m not, I’m not bashing them, and I know they can’t be there 24/7.  But, I found out from some students and a teacher at Weir High School, on Friday, although the radar was sitting in front of my house, running radar in which they did nothing anyway, and I was told, and I don’t know it to be true, and I wasn’t there.  I was at my house.  I was told that the Chief was sitting at the high school directing traffic the other way, so it wouldn’t even come.  Again, I don’t know if that’s true or it’s not.”

 

Mayor Harris commented, “OK.  Can we get the Chief to make his comments now?”

 

Mr. Oliver commented, “Yes.  I’d like that.”

 

Mayor Harris commented, “Thank you.  Chief Marshall.”

 

Chief Marshall commented, “Mr. Mayor and Council, I know Mr. Oliver has had problems before with speeders up around Weir High.  For the last, the week prior to this we had for days with our officers in the area, in marked vehicles and unmarked.  Mr. Oliver, I was up there on two different days from seven, approximately 7:15 to 8:00.  I wasn’t directing traffic.  I was monitoring traffic in the area.  On one day I had my officers…they can’t…they couldn’t spend the whole day up in this area, but in between calls I had the guys go up there.  We counted 15 vehicles travel past Mr. Oliver’s house on Heights Streets going to and from the middle school.  My guys know what the speed limit is up there.  They’re monitoring traffic and they’ve got their radar on.  They would more…especially when they’re assigned to that area more than glad to enforce the law.  No disrespect Mr. Oliver, but they are using radar.  Mr. Oliver’s timing between two points.  That’s why we don’t use that method.  We use the radar.  We’re hitting…we have speeding problems throughout the city.  We’re getting calls for speeding problems throughout the city.  I believe one of our major problems is if you are doing 25 out on a street like Main Street or Pennsylvania Avenue, it doesn’t look that fast.  If you get in back to a residential area, 25 looks extremely fast.  I think that’s probably our biggest problem with a lot of this speeding.”

 

Mayor Harris commented, “Chief, is there any way that we could get up there at the busier times, you know, because that is a lot of school traffic going through there?”

 

Chief Marshall commented, “Yes, sir.  And, those are the times when I have assigned my guys to be up in that area.  And, like I said, the one day, of, of, the only one day I had (unintelligible) was (unintelligible) and during peak hours, they counted 15 people.  But, like I said that was also an (unintelligible) day, depending on how, the calls that the guys are answering throughout the day.  Like I said, I, myself sat up there on two different days during the hours where the kids were coming into school.  I didn’t observe any radical speeds or reckless driving in the area.  I’m not saying that on South 11th, South 11th, anybody that’s driven it knows that we do have a problem with speeders in the area, and I’m sure Mr. Oliver did see some guys going down and going 45, maybe even 50.  But, we do hit that as best we can.  And, especially the weeks leading up to school starting, we try to hit the area in, you know, the districts where the schools around them, we’re already getting people whose kids are going back to school.  We’ll increase our traffic patrols in theses areas.”

 

Mayor Harris commented, “I know it’s, Mr. Oliver, I know it’s tough living in that street and watching that, but I also, you could, I find myself sometimes going over the speed limit a little bit.  But, when you see that officer in that car up ahead, it’s kind of a check, you know, so, you know, a lot of times they’re, they might not be getting the individual because they’re spotting the police cruiser before it happens.  But, if you could, kind of maybe, take a look in the mornings there and the late afternoon, I figure that’s probably the busiest.  Is that right Mr. Oliver?”

 

Mr. Oliver commented, “To tell you the truth, it’s like that 24/7.  It starts 6:00 in the morning and sometimes 10, 11, 12:00 at night when there’s school activities.  There’s sometimes, and this is the God’s truth, and I’ll take video of it if you want me to prove it to you.  There’s sometimes there’s cars lined up from South 11th Street to Weirton Middle School parking lot, and you cannot, CANNOT, get in and out of your driveway.  They will not let you through to get in and out of your driveway, in events.  Friday night, when the football game was over, the kids lost the game.  They were pissed.  Excuse my language.  When they got dressed, choooo.  They flew out Heights Street, 11:00 at night.  They come through their mufflers blaring.  They come through with their radios blaring.  They throw beer cans, pop cans on my yard.  I found used condoms in my yard.  What am I supposed to do?  I live on a residential street.  Do I pick ‘em up, put ‘em in a bag, and bring ‘em down here.”

 

Mayor Harris commented, “No.  No.”

 

Mr. Oliver commented, “Well, that’s every day.  I found eggs on my vehicle.  I found eggs on my house.  I’ve arrested a kid for throwing eggs at my house.  This is what I have to go through every day, EVERY DAY, because of that high school.”

 

Mayor Harris commented, “Chief Marshall wanted to make a, I’m sorry.  Who wanted to make a comment?”

 

Councilmember Marsh commented, “Chief and Vince, just a quick question, most of what you observe, is this, are these violators students at the school…”

 

Mr. Oliver commented, “A few of ‘em, but biggest part of ‘em…”

 

Councilmember Marsh commented, “…or are they parents?”

 

Mr. Oliver commented, “…a few of them are students.  The very, very small few of them, but there’s a few of ‘em.  Let me give you an example, and I was told to do this by Mr. DuFour, by the former Mayor, to get a license number.  Don’t bother the person.  Just get the license number.  So, this car goes by my house, had to be going 45 mile an hour, 4 girls, 4 young girls in a white car.  So, I get in my truck.  I ride out to the high school.  They’re parking their car.  I never said a word.  I got the license number.  I gave it to my councilman.  A girl got of the car.  She said, ‘What the F you looking?’  I said, I didn’t say nothing.  I wrote the license number down.  She said, ‘I’m going to tell you something.  My dad’s a cop, and I could do anything I want.’  I said, ‘Did your dad tell you you’re allowed to go 45 mile an hour on a city street?’  She says, ‘It don’t bother me.  He’s a cop.’ I don’t know whether that was true.  I don’t know.”

 

Chief Marshall commented, “Well, I think if we’re going to say that, we should check the plates and see if it was an officer’s…”

 

Mr. Oliver commented, “Well, there’s no way I can do that.”

 

Chief Marshall commented, “I know sir.  But, we can.”

 

Mayor Harris commented, “Chief Marshall, if he did take license plate numbers down, and give them to you, is there any way.  Is this legal?  Can we send a letter to the owner of a residence saying that, ‘Hey, we caught you speeding, or we have numerous complaints of you speeding.’?”

 

Chief Marshall commented, “But, usually what we do Mr. Mayor is if we get something like that, we get a plate, if we can show that there was a problem, we’ll go talk to the parents, and that’ll take care of the problem.”

 

Mayor Harris commented, “I think if we got a letter sent out to the parents, because they’re probably mostly kids.  If we got a letter sent out to the parents, it would probably calm a lot of the speeding down.”

 

Mr. Gurrera commented, “Why don’t we just do a general letter to all the students at Weir High School to tell them that we’re going to be patrolling that area and we’re going enforce the laws in that area.”

 

Mayor Harris commented, “We need to cite them.”

 

Chief Marshall commented, “Well, they know we’re there.  And, like I said, I’ve put a lot of man hours in that area, mostly because of the little kids safety, if for no other reason.  We’re not getting the violations.  We’re not seeing the violations.  We’re not…”

 

Councilmember Marsh commented, “The point that I wanted to get to was that we still have two officers in the schools.  Correct?

 

Chief Marshall commented, “Yes, sir.  We do.”

 

Councilmember Marsh commented, “I think maybe they need to do some reinforcing on their own, because they have the years of the communication…”

 

Chief Marshall commented, “And, they do Councilman, within the schools.”

 

Councilmember Marsh commented, “Yes.”

 

Chief Marshall commented, “I wouldn’t want to take them off of school property to monitor a problem that we’re already the best we can, and we’re not finding the problems.”

 

Councilmember Marsh commented, “Well…”

 

Chief Marshall commented, “Now I realize when there’s a marked cruiser out there that the kids and parents are going to slow down because they see these cruisers.  But, that’s our goal.  If we’re slowing them down, then we’re meeting our goal.  And, I know for a fact that Roger Criss has been up there for years.  He tells these kids all the time about their driving habits.  I know that there could be a problem on South 11 th Street, and like I said, we’re trying to address that the best we can.  And, the same with Mr. Oliver’s problem on Heights Street.”

 

Mayor Harris commented, “While they’re there Chief, I don’t know if would help any, but is it possible that maybe they can have a meeting with the students, like your officer, and maybe they can make it a function to talk about what speeding does and what kind of effects it can have.”

 

Chief Marshall commented, “Yes, we can do that.”

 

Councilmember Fijewski commented, “Vince, as you know, my sister-in-law lives across the street from you on Heights Street, and I’ve been aware of this situation for as long as they’ve lived there.  I think they’ve been there longer than you have.  Appreciating what the Chief has said in regards to their limitations.  Appreciating the fact that they can’t be there 24/7.  I appreciate you saying that.  What do you see as being the legitimate answer to this problem?  It’s been going on for 40 years, and if we both sit here and say, ‘OK.  We understand they can’t be there 24/7.’  Legitimately, what do you think can be done to make the problem lessen?  Because, we can’t stop it.  I think we all understand that.  But, how can we lessen it in your view?”

 

Mr. Oliver commented, “There’s only 2 ways.  Either cost them out of their pocket.  That’s the only way, one of the main ways you’re going to stop it, to absolutely enforce the law for whatever the law is.”

 

Councilmember Fijewski commented, “But, would you agree that we can’t do it 24/7?”

 

Mr. Oliver commented, “Oh, I, no.”

 

Councilmember Fijewski commented, “So, if we get 50 people, it doesn’t mean that the other 150 aren’t going to go 40, 45, and 50.”

 

Mr. Oliver commented, “Yes, but if you get 50 people, the word of mouth is going to go throughout the high school and throughout the parents and throughout the teachers.  And, again, what Freddie asked, who’s the biggest offenders.  The students, there’s a few of them.  The biggest offenders are mothers, the fathers and the teachers.  Adults are the worst offenders.  There are some students, but not many, not many.  I got to say that much.  Now, there was at one time, the students, it was horrible before.  But, through the police department and whatever other communications that have taken place, most of the students now go Red Rider Road.  But, it’s the parents and the teachers that are your biggest offenders now.”

 

Councilmember Fijewski commented, “Thank you.”

 

Mr. Oliver commented, “That’s my opinion.  The only, the way to solve it, and I know you don’t want to hear it, put speed bumps or close the road where it goes into Red Rider, Weir High parking lot”

 

Councilmember Fijewski commented, “Thank you.”

 

Mr. Oliver commented, “And, I’ve called the Board of Education.  They don’t want to have anything to do with it, absolutely nothing.  They said it’s the Police Department’s problem.  I’ve called Marty Hudak.  I’ve gone to his office many times.  And, if he says in that article he’s got no problem, he’s lying, and I’ll tell him to his face.  I’ve gone to him many times.  That’s not my problem.  That’s the Police Department’s problem.  Everybody says, and again I’m not bashing you guys.  I’m not doing that.  I’m not doing that, and I don’t intend to do that, but we have a serious problem.  Now, what are we going to do?  And it’s going to happen folks, it’s going to happen.  A kid’s going to get hit and get killed somewhere.  And, I only hope and pray it’s not my grandchild.”

 

Mayor Harris commented, “OK.  Councilman Miller would like to say something.”

 

Councilmember Miller commented, “I’d just like to make a comment only because in today’s newspaper, in the headlines, Giovanni wrote an article about the speeding on North 20th Street back in my neighborhood, and I’ve lived there 35 years.  We’ve always had a bit of a problem, but…”

 

Mr. Oliver commented, “I talked to Mr. Thompson.  I don’t know if he’s here or not.”

 

Councilmember Miller commented, “…and I don’t mean to be humorous about this, but the one thing that I’ve noticed is we’re working awful hard to improve the condition of our streets and the speeding picks up when you take care of the pot holes.  11th Street is the same way.  It’s like an expressway now.  20th Street used to be the same way.  We can’t put speed bumps.  We’re criticized if we try to hire additional police officers.  Why do we so many cops?  I here that all the time and yet we’re 2 short of the federal requirements for a city our size.  So, if you add police, you get criticized for that.  If you improve the streets it increases the speeding and we can’t use speed bumps.  It’s a very difficult problem to correct.  And, I’ve asked the Chief a number of times and the previous Chief a number of times.  On 15th Street we put the speed meter up there a number of times.  They’ll speed going up the hill on 15th Street before they get to Pennsylvania Avenue.  But the, Powers Road, we had it paved.  Speeding.  Before that, complaints about the pot holes.  But, and I’m concerned also because I don’t want anybody hurt, and I get concerned when you’ve been speeding on Main Street.  How many trucks have made this turn down here and overturned.  And, sooner or later somebody’s going to be walking on that sidewalk when it happens.  And, I know that it’s happened in the same spot about 5 times since I’ve been in office, over there at Steel and Wolf.  You know that.  But, that’s what happens, and I don’t know what to do about it.  I really don’t.”

 

Mr. Oliver commented, “Well, I made another note that I forgot to mention to you guys.  Of those people that I monitored on South 11 th Street, 37 were Ohio plates, 15 were Pennsylvania plates, 23 were West Virginia on Monday.  Tuesday was 42 Ohio, 17 Pennsylvania, 16 West Virginia.  40 Ohio, 20, 15 on Wednesday.  Thursday was 36, 20, and 19 respectively.  Friday was 47 Ohio, 10 Pennsylvania, 18 West Virginia.  So, a lot of our people that are using our streets, and this is the same on Heights Street going to and from the school.  Now, why these people have Ohio and Pennsylvania plates, it’s beyond me.  But, a great deal of them have Ohio and Pennsylvania plates.”

 

Mayor Harris commented, “A lot of individuals that live within the city don’t like to pay their taxes.”

 

Mr. Oliver commented, “Right.  That’s what I’m saying.”

 

Mayor Harris commented, “Especially on Marland Heights.  Chief Marshall, can we beef up the patrols and see what we can do.  I know when they get called out, the have to go.  The call comes first.  But, if you have some…”

 

Mr. Oliver commented, “Oh.  No doubt.  No doubt.  No doubt.  And, I wouldn’t want it any other way.  I mean that’s the way it has to be.”

 

Mayor Harris commented, “I know everyone wants speed bumps.  The only thing we actually can put out there is the portable speed bumps and we’ve just talked about it a few times and I don’t even know if that’s, you know, what we, if that’s even something we can do.  It was just thrown out there at sometime.”

 

Mr. Oliver commented, “It’s legal.”

 

Mayor Harris commented, “But, the thing of it is, the citizens of Weirton for years, they always want, want, want, but they don’t want to pay.  This time, this time, if you truly want portable speed bumps, you have to be able to, be able to, it has to come out of your pocket.  So, there is a tax.  I mean, you’ll have to pay if you want it, because right now we don’t have the money and anybody here can get a copy of our budget, and they can see we do not have the funds for that.  We have, we have, I don’t know, I’ve probably got 20 or 30 calls over speed bumps.  We just can’t afford it at this time.  But, it is something that maybe in the future we can talk about.  I see our Commissioner Greathouse is here, so maybe we can get some funds from him.”

 

Commissioner Greathouse commented, “I told you before.  You’ve got all the money.”

 

Mayor Harris commented, “But, at this time, what we will do is we’ll beef the patrols up as much as we can and see what we can do.  But, we do need to site the individuals for speeding.  And, I’m sure your guys won’t let them go, but we do need to set an example of them.  Thank you.”

 

Mr. Oliver commented, “Another issue.”

 

Mayor Harris commented, “Oh.  You have one more issue?  Alright, go ahead.”

 

Mr. Oliver commented, “I’ve got a couple more issues in the same line.  Heights Street again.  Now, there’s signs at both ends of Heights Street that says no through trucks.  There are tractor trailers using it going to and from the high school.  There are box trucks using it to and from the high school.  Every kind of truck you can think of is going to and from the high school.  There are signs on both ends that say no through trucks.  They’re still using it.  Getting back to South 11th Street.  On both ends of South 11th Street it says no trucks, no through trucks, and it gives a weight limit.  There’s tractor trailers using Powerhouse Hill, large trucks, Pepsi trucks, Bordon Office Equipment, food vendors, milk vendors, garbage trucks, city garbage trucks.  If one of them trucks ever let loose going down that hill God help the people that live below it.  That’s all I can say.”

 

Mayor Harris commented, “Again, that’s something they’ll, once we patrol that area, we should be OK with that.  I mean, we need to cite those individuals, and I don’t know.  Chief Marshall, did you hear that?”

 

Chief Marshall commented, “Yes, sir.”

 

Mayor Harris commented, “We have a lot of heavy vehicles traveling that area.”

 

Chief Marshall commented, “Usually the trucks that we monitored Mr. Mayor were delivery trucks going up to the school, and a lot of times when these guys come into the area they get lost going back to the school.”

 

Mayor Harris commented, “Thank you.”

 

Mr. Oliver commented, “Thanks Chief.”

 

Mr. Richard Mills  RR 2 Box 18, Colliers WV:

Re: Deer

Mr. Mills commented, “I’m here to see the members of Council. I’m sorry to take up your time.  I spoke with Mr. DuFour the other night.  We had a meeting on the sewer issue out in Colliers Mr. Marsh, and, I brought up the deer problem.  It’s getting out of hand, and I wondered if there’s anything that maybe the city could do to address that more than they are now.  I understand the meeting was today for the city-wide hunt, or whatever.  And, it doesn’t seem to be very successful.  It’s nothing for me to have 25 or 30 deer in my yard, and they stand there and laugh when I plant something, and can’t wait to eat it.”

 

Mayor Harris commented, “Yes.  I did talk to a few of those individuals.  I think Mr. Himmelrick was one of them.  He told me it was very successful the last few years.  Now, I do know, the way to stop that is maybe we could extend the hunting season a little further, but that is something that we need to talk about.”

 

Mr. Mills commented, “What I’m told by…”

 

Mayor Harris commented, “But, you got lots of acreage too, because some…”

 

Mr. Mills commented, “I’m sorry sir.”

 

Mayor Harris commented, “…some people don’t, won’t allow you to hunt on certain acreage, and they butt up against each other.  And, hunters get lost.

 

Mr. Mills commented, “Yes.  West Virginia, no hunting, no trespassing, is what the law should say, but…”

 

Mayor Harris commented, “Yes.”

 

Mr. Mills commented, “I can’t hunt anymore, but it seems to be difficult or people don’t want to go through the formalities of the city hunt, cause it’s, I don’t know, the deer are so small now and there are so many of them that they are inbreeding and there’s no, I mean, a guy hunts deer, he hunts for antlers usually, you know, less than meat.  But, they’re so small, it’s just overwhelming.  There’s too many of them.  I live out in east Weirton, east, Colliers.  We used to call it the east end.  Now it’s east Weirton or whatever.  Most people don’t even know it exists.  So…”

 

Mayor Harris commented, “Yes.  I do know there is a deer problem.”

 

Mr. Mills commented, “Very much so.”

 

Mayor Harris commented, “I’ve actually hit a few myself.  So, I know that there’s a problem out there.  But, the only thing is what I’m hearing from the other side, the hunters and people with the organization, they told me that the problem is with the acreages are butting against each other.  And, what happens is and individual that has 10 or 15 acres won’t allow people to hunt on it because of a liability issue.  They’re worried they’re going to fall or get hurt, and everyone’s so sue happy anymore, that that’s the problem.  You know.  And, it effects it all, it effects everything, which, even deer hunting.”

 

Mr. Mills commented, “Maybe the possibility of a controlled city-wide hunt or something on that order, you know, I don’t know, but it’s just increasing.  I’m sorry sir.”

 

Councilmember Dalrymple commented, “With the deer problem, I hit a deer Monday going home from work in the morning.  It’s bad.  It’s bad throughout the city.  I don’t live out in the country like you do.  I live right in town.”

 

Mr. Mills commented, “No.  I live in the city.”

 

Councilmember Dalrymple commented, “Well, either way.  I have the issue up in my neighborhood too.  And, we do have the bow hunt and the bow hunt is rather successful for taking deer, but there’s also another side to the bow hunt.  I have a lot of people that come to me that don’t really like the bow hunt because of people that abuse the acreage laws and going on property you’re not supposed to go onto.  There was a time when someone was camped out on top the mausoleum at the graveyard by Greenbrier trying to take deer out a few years ago.  I mean, if you’re going to let everyone know that it’s a free for all on deer because we have too many of them, then we’re going to end up getting into a public safety issue.  Because there are a lot of conscientious hunters who live and hunt in the community.  But, there’s that handful that’s pretty unscrupulous that will end up hurting someone or damaging property, or forcing deer across the road or whatever it might be.  But, unless we have a mass extinction of deer, I doubt we’re really going to take care of the problem, because there’s thousands of them in the area, and the only thing that we can really do around here is have the bow hunt.  And, it’s restrictive because we live in a community and in the city, the people don’t want to be sitting on their patio and have an arrow fly over their head.  So, it’s the demographics we live in.  It’s just the way it has to be.”

 

Mr. Mills commented, “Well, I’m a little bit different demographic than you are then.  That’s all I can say.  That’s not to dispute what you’re saying.  I lived there my entire life.”

 

Councilmember Marsh commented, “Mayor…”

 

Mayor Harris commented, “That is something that we can talk to.  The only gentleman that I know, because I don’t hunt, the only gentleman that I know that’s part of that organization for the bow hunting is Mr. Himmelrick, so maybe I could talk to him and he can come up with a way of maybe extending it or maybe, I don’t know the legal formalities.  Maybe he can hit a certain zone or acreages here or there or whatever.  But, maybe we can talk about it and see what we can do on…”

 

Mr. Mills commented, “I spoke with the game warden.  I forget the gentleman’s name, but he’s the local, up in New Cumberland, I was talking to him.  And, basically I don’t have farm country or farm acreage, so there wasn’t a whole lot he said was available to me.  I don’t know.  Is there some kind of program, maybe something like I saw them today, they were poisoning, or not poisoning, for rabies for raccoons.  Is there any program…?”

 

Councilmember Fijewski commented, “Mayor, please, could we not contact the State Department of Wildlife or whatever the appropriate terminology is to see what if any options they have available to the city.”

 

Mayor Harris commented, “That is Mr. Himmelrick.”

 

Councilmember Marsh commented, “Yes”

 

Councilmember Kondik commented, “He’s the State Gaming Official.”

 

Mr. Mills commented, “I don’t know what the criteria is for what they call a successful hunt.”

 

Councilmember Fijewski commented, “Maybe, place one up on the road to see what else may be available.”

 

Mayor Harris commented, “OK.  I mean, yes.  That’s what I want to do.”

 

Councilmember Fijewski commented, “Yes.  Maybe someone down at the State could tell us about some programs they’re using in other counties or other places throughout the state to help control the deer population.  Maybe that program is available, outside of the hunting.”

 

CROSSTALK

 

Mr. Mills commented, “I thank you for your time.”

 

Mayor Harris commented, “OK.  Thank you.”

 

Mr. Mills commented, “And, if there’s anything possible I will be available, if you would get with me.”

 

Mayor Harris commented, “If you would, if you would, if you will put your name and, I’ve got your name.  If you will put your number, maybe your phone number and your address and when we get with Mr. Himmelrick and let me give you a call back.”

 

Mr. Mills commented, “Thank you very much Mr. Mayor.”

 

Mayor Harris commented, “You’re welcome.”

 

Mr. Dan Greathouse      150 Lafayette Circle, Weirton, WV:

Re: Top of West Virginia CVB

Mr. Greathouse commented, “I’m going to address the Weirton City Council about the Top of West Virginia Convention and Visitors Bureau, the local CVB, which was formerly Top, was in Hancock County.  And, last year we went ahead and made it two counties, Hancock and Brooke County.  You see on the front it does say Hancock and Brooke Counties in the City of Weirton.  A couple of the other cities asked me why we didn’t put their name on there, and basically it’s because the City of Weirton does provide funding of a Hotel/Motel Tax for the CVB.  And, this booklet puts, it’s the first year I’ve ever had a book like this, and its goal is to make a report back to the Commission and to report back to the City Council what we’ve done.  It’s a month by month criteria.  If you go all the way to the back, it will pretty much give you an idea what the budget is, what we do.  We do about 200,000 dollars a year in budgeting, in marketing.  We market in Pittsburgh Magazine, Ohio Magazine, three newspapers, Channel 7, Channel 9 and Comcast, at least most of the events that we have here.  We’ve got Community Days, Apple Festival, Renaissance.  Bubba knows there, we gave money to Renaissance last year.  We did 5,000 dollars.  We’re going to do 5,000 dollars again.  We’re going to have a B. E. Taylor free concert here at the Community Center right after the Christmas Parade this year.  We’ve put 2,500 dollars up for the Harvest Festival.  We’ve created some events in here with Gus Monezis back there and Chamber.  We did the Taste of Weirton, which we’ll come back and do that.  And, basically, where the CVB’s going, and of course we’ve moved our office to Weirton, is to try to create events where we have everyone coming to Weirton, visitors into town.  We can get more Pennsylvania players, more Ohio players and more events, more local events.  That’s what we came to look at.  We’re looking at, we’re going to probably expand some of the things we do, and actually we’re going to start looking at some church groups and bus tours and see if there’s people we can bring into this area. Obviously, you know, Mountaineer is their own engine.  It’s a big engine up there.  We’re really concerned about the other two counties as we’re going on here.  We’re trying to bring people in here, trying to create events.  We do seed some money in some events.  We have done that.  And, we’ll continue to do that if it’s worthwhile and better for…  You do have a representative on the board which is Jim McHenry.  He’s got a three year term as a representative of the city.  Hancock County has a commissioner.  Brooke County has a commissioner.  There’s six different people from the tourism industry, and the rest are appointed by the board or are CVB appointed or elected to that position.  Sam Love is your CV Board, CVB Board Chairman right now, this year.

We’re one of 47 CVBs in the state, one of 14 that was accredited by the State of West Virginia.  As a matter of fact our own ISO certification we’ve got.  It was in…if you look back, the Harvest Festival that we did last year and this year, we did some money through United Way Golf, B. E. Taylor.  Mardi Gras, we were a sponsor for that.  The Municipal League came here last year.  We went ahead bought…we had the Municipal League up at the Mountaineer.  We went and bought pitchers for them, creamers for them from the…as a gift from the county.  The Renaissance Festival.  This year we also went ahead and got 26 hotel rooms off of Baymont, 26 hotel rooms off of Holiday Inn, and if you go to our website, Top of West Virginia, topofwv.com, you can enter because we’re giving away hotel rooms every week, either at Baymont or the Holiday Inn or Mountaineer Race Track.  So, we do that every week.  We’re just trying to get people to come in this area, to see our add, and we’re trying to reinvent ourselves.  Tourism, tourism is one way we’re going.  We know that Mountaineer’s a big driving engine, and if we can get some of those people that go to Mountaineer to filter on down through here, we can create those events.  I think what Bubba tried to do with the Renaissance here and we’re going to continue to try to do those things.  That was pretty quick.  Any questions?”

 

Mayor Harris commented, “Any questions?”

 

Councilmember Kondik commented, “If you don’t believe, if you don’t believe the Commission is working the CVC is Friday nights at the Brooke County Fair, he was there.  He was there.”

 

Mr. Greathouse commented, “It’s a fun place to…Thanks.  And, I appreciate it.  If you guys have events that are coming up you want to get marketed, we do that.  We work part of the market in Pittsburgh with two counties and the City of Weirton.”

 

Mayor Harris commented, “Thank you Commissioner.”

 

Mr. Greathouse commented, “Thank you.”

 

Ms. Jodi Kraina    4031 Palisades Drive, Weirton, WV:

Re: Weir Memorial Park Association and Parks Board

Ms. Kraina commented, “Hi Mayor.  Hi City Council.  I’m coming to speak of the Board of Directors for the Weir Memorial Park Association.  And, having attended the last City Council meeting, we just wanted to express before the City Council that we wanted to thank you for drafting an ordinance to appoint two members of City Council to sit on the Parks Board.  We think it’s a very good move.  We would also ask that you consider, hopefully Mayor that you would choose among those that didn’t vote against that ordinance in all fairness to the Parks Board.  It would just seem ridiculous to put somebody on the Board that voted against having a Councilman on the Board.  Just as and observer.  And, also if the Parks Board is autonomous, we have a question, isn’t an autonomous Board self supportive and don’t they derive most of their income from the City of Weirton.  So, it would make sense to keep them up under the City Council.  Just questions that we’re bringing before you.  And, of course, as you know, we want to move forward to take over the pool.  And, we are working with ArcelorMittal on receiving additional lands from them and an additional six acres and another twenty acres from the Women’s Club so we can go forward and build this phenomenal recreational complex for the City of Weirton, with an outdoor amphitheater for summer concerts, with a skate park for the youth, at no cost to the City.  And, it will be a phenomenal project for our children which is where our heart lies.  So, I just wanted to share that with you.  Thank you very much.”

 

Mayor Harris commented, “Thank you.”

 

Mr. Gus Monezis   Weirton, WV:

Re: Parks Board

Mr. Monezis commented, “I come upon you with respect because the job you undertake I have a lot of respect for.  I know most of you, and I know your heart’s in the right place.  That’s what’s important.  I’m here on behalf of the Millsop Center which I think you know is very dear to me.  And, I know you’re discussing the, putting the councilmen on to the autonomous board.  Does anybody know why the autonomous board was formed in the first place?  Do any of you Councilmen know that?”

 

Councilmember Dalrymple commented, “To take the business out of the hands of Council to let us focus on general fund issues.”

 

Mr. Monezis commented, “That’s right.  So, what I’m saying is, if you definitely want to take over the Center, then you should.  Or, if you want to have an autonomous board, you should do that.  But, the Center is a very important part of Weirton, and it’s very important to the City.  And, I know I’ve had discussions in the past about the Center, and I think you all know that we raised a lot of money, and we’re doing some good.  I want to explain to you what it is.  I know Bubba’s worked hard.  I’ve worked hard to bring money to the table, and that’s what it takes.  But, we looked at it like a business.  When we wanted to remodel the ladies locker room, because that’s what was necessary.  It wasn’t necessary to fight about who does what or, I understand that you have a money problem but we did that and we added more lockers.  So, now they’ve got more members.  We’re going to do the men’s locker room.  We just OK’d the budget.  We’re going to do it.  The same reason.  In other words in order to compete with the facility you have, that facility has to stay up.  And, I think the Council has to take a very active role in that.  However you do it I’m not here to discuss.  But, if you want an autonomous board, then you leave it autonomous.  If you don’t want an autonomous board, then you take it over.  The City should take it over.  But, the Center, you own the Center.  The City owns the Center.  I don’t know if you all realize that.  That’s who owns that building and that property.  I’ve been involved in a lot of projects over the years.  Everybody that I ever brought to Weirton said the only thing that stuck out to them is the Millsop Center.  That’s what led me to that direction and the fact that when I was a kid it was the greatest place in the world to grow up.  We were very fortunate to have it.  And, I think that it’s very important that Center and that Starvaggi Park stay viable.  I know that you have money problems.  I understand that.  I’m in business.  We have money problems every day, but we try to work them through.  That Center needs money.  That’s what it needs.  It needs money put in the right place to bring money back.  In other words, you can’t let a building go down and think you’re going to get membership.  It needs hopefully some of the things that the Renaissance that we’ve, the we’re going to do.  And, we’ve done it through the efforts of a lot of people.  Danny Greathouse was very beneficial.  As a commission, they gave us $130,000 to that project.  So, the only thing I want to do, I do want to stress is that is a very important building and it needs money.  However, you’re going to get it, if you don’t want and autonomous board that’s your business.  But, if you want an, you can’t have, I mean you can’t get a, you can’t make a ping pong ball out of it.  What it needs is simple.  It needs fixed, and it’s getting fixed.  But it needs fixed more.  I know you put a portion of your budget, if I’m not mistaken, it’s something like $400,000.  I think it’s been that figure for quite a few years.  Am I right about that?”

 

Mayor Harris commented, “Right.

 

Unknown commented, “It’s 440.”

 

Mr. Monezis commented, “440.  And, it’s been there for a long time.  Probably, you know, if you want to take and active role, you could put more money and maybe do some in kind services to help that building, you know, or find out exactly what’s going on.  I don’t honestly know.  I just know that it’s a very important structure.  I think you all know Senator Bowman’s working hard.  He’s got some money to further beautify the Center, to bring it up to snuff.  I think that’s the bottom line, and that’s just what I want to stress.  I want to thank you.”

 

Mayor Harris commented, “Thank you.”

 


OLD BUSINESS

 

Ordinance No. 1535 (second reading)

ENACTING A CLEAN INDOOR AIR ACT.

Motion was made by Councilmember Ash, second by Councilmember Marsh.

The motion passed by majority, 7/0.

 


Ordinance No. 1536 (second reading)

ENACTING PENALTIES FOR INJURING OR TOUCHING A POLICE DOG, OR INTERFERING WITH ITS DUTIES.

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

The motion passed by majority, 7/0.

 


Ordinance No. 1537 (second reading)

ENJOINING INCREASES IN THE WEIRTON MUNICIPAL SERVICE FEE DURING THE CURRENT ADMINISTRATION.

Motion was made by Councilmember Dalrymple, second by Councilmember Kondik.

The motion passed by majority, 7/0.

 


Ordinance No. 1538 (second reading)

ENJOINING INCREASES IN THE POLICE AND FIRE SERVICE FEE DURING THE CURRENT ADMINISTRATION.

Motion was made by Councilmember Dalrymple, second by Councilmember Kondik.

The motion passed by majority, 7/0.

 


Ordinance No. 1539 (second reading)

AMENDING SECTION 1783.02 OF THE CODIFED ORDINANCES OF THE CITY OF WEIRTON.

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

The motion passed by majority, 7/0.

 


Ordinance No. 1540 (second reading)

AMENDING ARTICLE 143.02 OF THE WEIRTON CITY CODE CHANGING THE NUMBER OF BOARD OF PARK COMMISSIONERS FROM FIVE TO SEVEN.

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

 

Motion was made by Councilmember Kondik to amend the ordinance to have the section of having two council persons as designated member to be removed and to have the two people as the Mayor’s discretionary picks, second by Councilmember Kondik.

 

Councilmember Dalrymple commented, “I was going to actually make the same move to tell you the truth, but George got me on that one.  There’s a lot of people that contacted me after our last meeting when we had the vote.  Even the Weirton Daily Times got involved with an editorial questioning the wisdom in the decision of having two councilmen put on the board.  And, I concur with how they feel about that.  I think it wouldn’t be a good idea to do.  I also received an email from a woman in the City of Weirton named Allison Cowden who was concerned about us doing that and limiting our choices in getting people from the community at large to get involved in the Park Board.  And, she brought up an interesting point also about the fact that there are no females on the Park Board and wondered why there haven’t been any females put on the Park Board, and she had given me many examples of women in the community that have contributed to the Starvaggi Park Association and the Renaissance Committee and the Community Center.  And, a lot of these women have done a lot of hard word and raised a lot of money to bring a lot of projects together for the City.  And, these are the kind of people that I think we were talking about last time and I think that Councilman Kondik was leading to it.  There are qualified individuals that at this point in time wouldn’t get the opportunity to serve unless they were sitting up here with us right now.  I feel that it’s the Mayor’s ability to appoint members to the Park Board that if it is put to the way to have Council approve, not Council members but Council ‘er people at large in the community that if the Mayor would like to put the Councilmember on that could be his discretion.  It would be his appointment.  We would approve it.  If he would want to put a councilman on the board he could do that, or he could put a person from the community at large on the board.  That would be up to the Mayor instead of limiting to two councilmen, it would open it up to many different residents and the ability to bring a councilman on board if the Mayor feels that that should be the appointments made.  And, I support Councilman Kondik’s amendment and I ask that rest of Council support it also to give the citizens of the community the opportunity to take part in the board and help bring the Park Board on the right direction in the future.  If the Mayor would feel that a Councilman needs to be put on the board then the Mayor should have the ability to appoint that Councilman.  Thank you.”

 

Mayor Harris commented, “One.  You made the amendment on putting two citizens.”

 

Councilmember Kondik commented, “Correct.”

 

Mayor Harris commented, “OK.  I just wanted to get that clear.  Max.”

 

Councilmember Fijewski commented, “I’m probably stating the obvious but I reckon for the resolution, or the ordinance I’m sorry, increases the Park Board to seven members, which would mean that there would be five other members on the board other than council people if this ordinance passed to represent the people.  I think that Councilman Dalrymple has suggested.  So, you have five other positions on the board to do just that.  It’s not as if two council people are going to overwhelming on a board.  And, I really took to heart what Mr. Monezis said.  He suggested three things and I wrote them down.  Take an active role.  He suggested that Council do that.  I think that by appointing two people we do exactly that.  The second thing I think I heard you say was get involved.  So, by getting two council people there on that board you do just that.  You get involved.  And the last thing I heard you say was give more money, which I think we all would like to do.  But, our budget constraints are what they are.  So, at least, I said from the beginning I’m probably pointing out the obvious, but the board consists of seven.  It’s not going to be overwhelmed by two council people.  And, if in fact what you suggest is what is needed then having two council people in it from my opinion does just that.  Thank you.”

 

Councilmember Kondik commented, “Mayor, having the luxury of spending thirteen years on Council, I know for a fact that there’s, I mean, there’s any Council, and Council person at any time can go to any Park Board meeting with open arms, number one.  And, number two, I’ve had the luxury of having Councilman Dalrymple spend the last four years on that Board advising us on what’s going on.  For those two reasons alone, we should get somebody else, citizens to enjoy what we have enjoyed on the Park Board.”

 

Mayor Harris commented, “Councilman Miller.”

 

Councilmember Miller commented, “The Park Board is only one of the many autonomous boards.  I would imagine the next request to load up would be the library, and when a seat becomes available at the library, Council’s going to want a seat on that.  And, I don’t like the way this Council’s direction is going in this area.  And, just because we’d be, we’re elected officials of the community doesn’t make us brighter the next morning.  And, you need someone with talent in the field of recreations and the ability to go out and market things to get involved in the Park Board, just like you want someone qualified to sit on the Library Board or on the Water Board.  I think that Water is the only one that’s self sufficient at this time.  We send money to the library.  We send it to the Park Board.  Council’s ultimately responsible for all those boards, ultimately.  We have to OK any bonding, anything that goes out to raise money, we have to be involve in.  I truly believe that we shouldn’t pass this, because we should open up to the many people in this community who volunteer their time all the time to make this community better.  And, we have a good board over there, and I think what it’s going to do, it’s going to limit our ability to really expand what they want to do in that Park Board.  And, keep in mind, just because we’re elected officials of this community, we didn’t become geniuses the next morning when the votes were counted.  I, for one, don’t want to sit on the board.  I support the board totally and I think they should come up with their plan, and if council can support it, we have a representative that goes there now, I’m all for that.”

 

Mayor Harris commented, “Any other comments?  OK.  At this time we need to vote on a roll call vote on the amendment of putting two citizens on the Park Board.”

 

Roll Call Vote:

 

Councilmember Miller                  Yes

Councilmember Marsh                 No

Councilmember Jones                 No

Councilmember Ash                     No

Councilmember Kondik                Yes

Councilmember Fijewski              No

Councilmember Dalrymple           Yes

 

The motion to amend the ordinance failed by majority 4/3.

 

Councilmember Kondik commented, “I’d like to make an amendment to that Mayor, that the Mayor designates one Councilmember to that seat and that person being Councilman Dalrymple, and the other one a citizen.  Councilmember Miller made a second.

 

Mayor Harris requested a roll call vote.

 

Roll Call Vote:

 

Councilmember Ash                     No

Councilmember Jones                 No

Councilmember Marsh                 No

Councilmember Miller                  Yes

Councilmember Dalrymple           Abstain

Councilmember Fijewski              No

Councilmember Kondik                Yes

 

The motion to amend the ordinance failed by majority, 4/2 with one abstention by Councilmember Dalrymple due to his inclusion in the body of the amendment.

 

Mayor Harris requested a roll call vote on the original ordinance as written.

 

Roll Call Vote:

 

Councilmember Dalrymple           No

Councilmember Fijewski              Yes

Councilmember Kondik                No

Councilmember Ash                    Yes

Councilmember Jones                 Yes

Councilmember Marsh                 Yes

Councilmember Miller                  No

 

The motion passed by majority, 4/3.

 


Resolution:

TO AUTHOIRZE REVISIONS TO THE 2007-2008 FISCAL YEAR GENERAL FUND AND COAL SEVERANCE FUND BUDGETS.

Motion was made by Councilmember Marsh, second by Councilmember Ash.

The motion passed by majority, 7/0.

 

Roll Call Vote:

 

Councilmember Kondik                Yes

Councilmember Fijewski              Yes

Councilmember Dalrymple           Yes

Councilmember Ash                    Yes

Councilmember Jones                 Yes

Councilmember Marsh                 Yes

Councilmember Miller                  Yes

 

The motion passed by majority, 7/0.

 


Resolution:

TO ESTABLISH A LOGO FOR THE CITY OF WEIRTON.

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

 

Mayor Harris requested a roll call vote.

 

                   Roll Call Vote:

 

Councilmember Miller                  Yes

Councilmember Dalrymple           No

Councilmember Fijewski              Yes

Councilmember Kondik                Yes

Councilmember Ash                    Yes

Councilmember Jones                 Yes

Councilmember Marsh                 Yes

 

The motion passed by majority, 6/1.

 


Ordinance No. NEW

ESTABLISHING A DEDICATED RESIDENTIAL DISABILITY PARKING SPACE AT 4114 BROOKE STREET FOR MR. EDWIN CAULDER.

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

The motion passed by majority, 7/0.

 

Ordinance No. NEW

EXTENDING THE CURRENT NO PARKING ZONE ON THE EAST SIDE OF JENNIE LANE AT ITS INTERSECTION WITH PENNSYLVANIA AVENUE AN ADDITIONAL FIFTEEN FEET.

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

The motion passed by majority, 7/0.

 

Ordinance No. NEW

EXTENDING THE CURRENT NO PARKING ZONE ON THE NORTH SIDE OF MILLER AVENUE AT ITS INTERSECTION WITH COLLIERS WAY BY AN ADDITIONAL TWENTY FEET.

Motion was made by Councilmember Fijewski, second by Councilmember Jones.

The motion passed by majority, 7/0.

 

Ordinance No. NEW

EXTENDING THE CURRENT NO PARKING ZONE ON THE NORTH SIDE OF MIDDLE AVENUE AT ITS INTERSECTION WITH COLLIERS WAY BY AN ADDITIONAL TWENTY-FIVE FEET.

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

 

Councilmember Marsh commented, “Is this Middle Avenue off of Colliers Way.”

Mr. Maher commented, “Off of Colliers, yes.”

 

Councilmember Fijewski commented, “Across the street, Freddie, from the printing shop.”

 

Councilmember Marsh commented, “OK.

 

Councilmember Fijewski commented, “If you’re going…”

 

Councilmember Marsh commented, “And, then it extends it to the alley or to…”

 

Councilmember Fijewski commented, “No.  Just from the current yellow line to the driveway of the first resident’s house.”

The motion passed by majority, 7/0.

 

Ordinance No. NEW

ESTABLISHING A STOP SIGN ON THE SOUTH SIDE OF ROTHROCK AT ITS INTERSECTION AT MORGAN DRIVE.

Motion was made by Councilmember Kondik, second by Councilmember Miller.

 

Councilmember Miller commented, “Are we out of stop signs now?”

 

Councilmember Kondik commented, “No.  I got three more to go.  I’ve got three years and three more to go.”

 

LAUGHTER

 

The motion passed by majority, 7/0.

 

Ordinance No. NEW (Emergency Reading)

AMENDING ORDINANCE 495 PASSED OCTOBER 11, 1977 TO EXTEND THE CURRENT NO PARKING ZONE LOCATED IN FRONT OF 143 SOUTH 13TH STREET BY AN ADDITIONAL TWENTY FEET TO A TOTAL LENGTH OF FORTY FEET.

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

The motion passed by majority, 7/0.

 


APPOINTMENTS TO VARIOUS BOARDS AND COMMISSIONS

 

WEIRTON PLANNING COMMISSION

 

Councilman Ron Jones                          Appointment:                   08/01/2007 – 06/30/2010

113 Cleveland Avenue

Weirton, WV 26062

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

Motion was carried by majority, 7/0.

 

Rod Rosnick                                        Appointment:                   08/01/2007 – 06/30/2010

180 Kanawha Road

Weirton, WV 26062

Motion was made by Councilmember Jones, second by Councilmember Fijewski.

 

Councilmember Ash commented, “I have a question Mayor.  What about his work load?  Is this going to conflict with the work load?”

 

Mayor Harris commented, “I think Mr. Rosnick can do the same job.  That is something that we need to ask Mr. Rosnick.  Mr. Rosnick, is this going to affect your work load at all?”

 

Mr. Rosnick commented, “Currently, I attend all of the meetings anyway.”

 

Mayor Harris thanked Mr. Rosnick.

 

Motion was carried by majority, 7/0.

 

ADMINISTRATIVE REPORTS

 

Public Works Department

Mr. Brown commented, “Nothing to add to the report Mayor.”

 

Mayor Harris commented, “Thanks for coming back.”

 

Mr. Brown commented, “I appreciate it Mayor.”

 

Councilmember Dalrymple commented, “John, I’d like for you to convey my thanks to your superintendent today for handling the issue that I stopped down and talked to them about.”

 

Mr. Brown commented, “You and me both.”

 

Councilmember Dalrymple commented, “And, I would like to also ask that the ordinance that we passed tonight about the extended curb on South 13th emergency reading, that it be possible to get that squared away before the end of the week.”

 

Mr. Brown commented, “Yes, Councilman.  Thank you for your comments Mayor.”

 

Police Department

Chief Marshall commented, “Nothing additional to report Mayor.”

 

Fire Department

Chief Cole commented, “Nothing additional to report Mayor.”

 

Councilmember Kondik commented, “Mayor, I have a comment for Chief Marshall.  The City Manager and I had looked into the portable speed bumps, and he has documentation on the affordability of speed bumps, portable speed bumps.  And, they’re not that expensive.  They really aren’t.”

 

Mr. DuFour commented, “They’re inexpensive and last relatively…”

 

Councilmember Kondik commented, “They are relatively inexpensive.”

 

Mr. DuFour commented, “And, if I may interject Mayor, I did get the opportunity to talk to the director of Weirton Area Ambulance and Rescue Service and they had some concerns.  They have a hard time envisioning putting and IV into someone as it bounces through the streets.  That is how it was put to me.  So, I think they would have to be convinced.  Maybe we could work with them as we work with this, but it is a problem from their standpoint with the bumps along the streets.  They’re extreme cautious because of the way have to handle patients.”

 

Councilmember Ash commented, “Mayor, on the speed bumps, as Mr. Kondik remembers 10 or 12 years ago, we put speed bumps on Wells Street and Lewis Street and it did work.  Every City Solicitor before that said we couldn’t do it, and I think that Joe DeBartolomeo agreed that we could do it as long as we put the proper signs up to let people know that they’re there.  And, we did that.”

 

Councilmember Kondik commented, “Where are they now?”

 

Councilmember Ash commented, “See, if you put the removable ones on there, it would be all right.  But, the ones that we put on were permanent.”

 

Councilmember Kondik commented, “Garbage trucks.”

 

Councilmember Ash commented, “And, they took them out with the scrapers.  That’s OK.  That’s the way it is.  If you have to take them out, you take them out.”

 

Mr. Brown commented, “Well…”

 

Councilmember Ash commented, “But, so, for everyone that keeps saying it can’t be done, it was done.  We did it.  It is legal to do it, and there is a way to do it.”

 

Mr. Brown commented, “Mayor, I would have concerns for the snow plows and the health of the drivers, an injury to the drivers which I have to experience personally, and also damage to the snow plows.”

 

Councilmember Kondik commented, “John, we’re just talking about the summer, we’re talking about the summer months.  On the corner of Overlook and Brightway where we have like a half a dozen, dozen kids, and they play in that corner.  And, somebody that’s not familiar with that corner.  OK.  And, they’re coming up to that corner going thirty or forty miles and hour.  If you had speed bumps there, it would slow them down before those kids, or in that intersection.  In the summer months.”

 

Mr. Brown commented, “I understand that…”

 

Mr. Gurrera commented, “The weather going, if you need a snowplow out there, then the weather’s going to control the speed on the road anyway.  So, you don’t need speed bumps in the winter.”

 

Councilmember Kondik commented, “Good point.”

 

Mayor Harris commented, “That’s something we need to take a look at financially if we can pull it off.”

 

Mr. Gurrera commented, “And, it is legal by the way.”

 

Utilities: Sanitary and Water

Mr. Mastrantoni commented, “I just wanted to give a status report on the Belleview Tank.  We’re coming along really, really well, and we’re hoping by the end of September we’ll have water charged into the tank.  We also, our communications committee is doing due diligence there.  We’re making arrangements to move all the communication equipment for the city, police, fire, public works, water and sewer from the old Belleview tank to the new Belleview tank so that the Belleview, the old Belleview tank can be, continue to be scheduled for demolition on schedule.  With regard to the sanitary plant, the ATAD Project is coming along really well.  The contractors are now buffing up on some of the major items to be put in place.  We’re waiting for a few pieces of equipment to still get on site, but we’re hopeful that the whole process will begin somewhere around late October, early November.  That’s all.”

 

Councilmember Ash commented, “Butch, thank you.  If every department would give reports like this, I’d have no more questions.  This is fantastic.  I really appreciate you putting this out like you have.”

 

Mary H. Weir Public Library

Mr. Rekowski commented, “Nothing additional other than what is reported.

 

Parks and Recreation

Mr. Weigel commented, “Just, as you’re looking at our report one of the things I wanted to point out that Park Board member Doug Finton did beat J. J. Bernabei, Park Board member, in the 5K Classic up on Marland Heights.”

 

Code Enforcement / Inspections

Mr. Rosnick commented, “Nothing to add to the report.”

 

Finance Director

 

TREASURER’S REPORT

 

Valarie Means gave the treasurer’s report for August 2007, stating:

 

Beginning Cash Balance:                                 1,004,908.60

Interest:                                                       2,940.25

Deposits:                                                      1,458,772.68

Disbursements:                                              1,911,607.25

Ending Cash Balance:                                     555,014.28

Beginning Investment Balance:                       626,995.98

Interest on Investments                                 2,129.42

Ending Investment Balance:                            629,125.40

Petty Cash Fund:                                           700.00

Total Cash and Investments Available:             1,184,839.68

 

Ms. Means commented, “In your packet tonight there are seven invoices that are requiring your approval that total $14,297.36.”

 

Motion to approve the financial reports and pay the bills and approve all department administrative reports was made by Councilmember Dalrymple, second by Councilmember Kondik.

Motion was carried by majority, 7/0.

 

Motion to adjourn after the closing prayer was made by Councilmember Dalrymple, second by Councilmember Kondik.

Motion was carried by majority, 7/0.

 

ADJOURNMENT

 

With no further business before this September 10, 2007 regular session of the Weirton City Council the meeting was adjourned after the closing prayer.








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