WEIRTON CITY COUNCIL
COUNCIL MEETING - REGULAR
TUESDAY, OCTOBER 09, 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, October 09, 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
Councilmembers in Attendance: George Kondik Councilmember Ward 5
City Officials in Attendance: John Brown Public Works Director Gary DuFour City Manager Vincent Gurrera City Attorney Mark Lowe Weirton Fire Department, Acting Chief 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 Giovanni Rossi Media - Weirton Daily Times
Mayor Harris led the Pledge of Allegiance.
APPROVAL OF MINUTES
A motion was made by Councilmember Ash and second by Councilmember Dalrymple to approve the minutes of the September 10, 2007 – Regular Council Meeting: The motion carried, 6/0.
MAYOR’S AWARDS AND PROCLAMATIONS
Mayor Harris commented, “Chief Marshall, is Donald Mentzer here?”
Chief Marshall commented, “He’s not here sir.”
Mayor Harris commented, “Kessler Cole, Bud Cole. There he is. You look different without your uniform. How’s retirement?”
Chief Cole commented, “I haven’t had a chance to really find out yet.”
Mayor Harris presented to Chief Cole:
In recognition of your honest and faithful service to the City of Weirton, this certificate of honorable service is hereby awarded to Fire Chief Kessler Cole on this occasion of your retirement from the Weirton Fire Department. This certificate is awarded as a testimonial of your loyal and dedicated service which has been contributed for the past forty-one years. You will be missed both professionally and as a friend and we send our very best wished for continued success in your life.
APPLAUSE
Mayor Harris commented, “At this time we have a group, the Catholic Daughters of America. Is anyone here tonight?”
Mayor Harris commented, “We’ll have the BPW, the Business and Professional Women.”
Four members of the Weirton Business and Professional Women approached the Mayor.
Mayor Harris presented to the Members of the BPW:
Working women constitute 62.7 million of the nation’s workforce in striving to serve the communities their states and their nation in professional, civic and cultural programs. And, women owned businesses account for over 1/3 of all firms in the country that provide employment for one out of every four U.S. workers. I, therefore, Mark Harris, Mayor of the City of Weirton, Hancock and Brooke Counties, West Virginia and on behalf of the city council do hereby proclaim October 14th though October 20th National Business Professional Women’s Week.
APPLAUSE
Mayor Harris commented, “Chief would you bring Mr. Mentzer up please. Hello sir. How are you doing?”
Mr. Mentzer commented, “Good Mayor. How are you doing?”
Mayor Harris commented, “Great. The City of Weirton wants to present a Mayor’s Award.
Mayor Harris presented to the Mr. Mentzer:
In grateful recognition for begin honored by the West Virginia Chief’s of Police Association by receiving the Purple Heart having been injured in the line of duty on Saturday March the 29th, 1958, your dedication to the City of Weirton and the Weirton Police Department deserves special recognition and the Mayor’s Award.
Mayor Harris commented, “Thank you very much.”
APPLAUSE
Mayor Harris commented, “Would you like to make any comments what made…how you got that, you got the award?”
Mr. Mentzer commented, “They know.”
Mayor Harris commented, “They all know.”
LAUGHTER
Mayor Harris commented, “One more call for the Catholic Daughters of America.”
COMMUNICATIONS
Mr. Maher commented, “Are there any communications? I do have a couple of very nice thank you card that the city received, actually Councilman Jones received. The first one is from Tim and Chris Connell. It says, ‘Ronnie, we can’t you enough for the quick response to the problem we were having with our neighbor’s property on Mahan Road. You handled the situation with compassion and consideration. We are so very grateful to you and when we spoke to you we knew that you truly care about your neighbors and your community. Thank you for the wonderful job that this new administration is doing. May God bless and many thanks. Sincerely, Tim and Chris Connell.’ Ron also received another card. It says, ‘Dear Ron, thank you again for your help with the yard clean up on Mahan Road. It was great to see the neighbors and you pitch in. If it wasn’t for your help we couldn’t have gotten it all done. I know Ray appreciated it because he was crying. Everything looks great. Thanks again. Lori Thompson, 231 Mahan Road.’ Very nice.”
APPLAUSE
CITIZEN COMMENTS
Mr. Jack Cassella 154 Patterson Road, Weirton, WV: Re: Fence and Codes Mr. Cassella commented, “I want to give you one of these so we can all stay together as we go through this instead of passing it around. OK. As you can see I put a lot of time in this and it cost me a lot of money to do that. I’d rather donate it to the library. OK. Gentlemen, young lady, thank you for letting me speak tonight. This has been an ongoing problem for a long time, so I gave you some of the history of my life on the first page there. I’d rather not be here, although you’re a nice bunch of people. Congratulations, by the way on the past election. There’s a lot of new faces here, and I wish you lots of luck. If you go to the second page, picture number one depicts, I just want to tell you what’s been going on for the last two years. So, I want to bring you up to speed on this. It’s the condition of the property, my original complaint. Page two and three are front page articles of the newspapers where it was contested or this article would have never appeared in the paper. Mr. Lamp told this property owner that he needed to cut these weeds and it was contested. So, we had a special meeting, and it tells you right there what the code of appeals board, and they told him to get it cut. That’s the next two pages. Then you see the picture after they were, they decided to kill the weeds, and with the railroad ties and so on. They’re still there. And, they were just cleaned up in the last week. The ties have been cleaned up, the week of September the tenth after a formal complaint was filed, and it’s kind of strange that after two years he was given a length of time, fourteen days or twenty days or ten days or whatever it was. But, I think one day was too many after two years. And, I just wonder if city employees have to abide by the same codes as the rest of us have to abide by. And, that’s my question. If you go on through this there’s a memorandum that Mr. Marsh wrote trying to resolve this problem. I talked to Mr. Rosnick personally in May and asked him if he was going to do anything about it before I pursued it any further. And, he told me to just go ahead and do what I had to do. So, your constituents should be, remember are dealing with the same people that I’m dealing with here, and I think this should be resolved. Now, we come to the fence page. Unified Development Ordinance, you see there where I have it highlighted. Privacy fences shall be constructed so that the finished side of the fence faces toward the abutting property. Does everybody see that? That’s part of our code here. Now, if you turn the page, you see side A and B. My question to you is which side do you think is the finished side and which is the unfinished side. And, the posts you’re looking at there on side B is not part of that fence. That’s just the post that’s stuck in the ground there. Now, the last page is a picture of a fence so you can compare them. It’s from a fence company. It looks like side A to me, and where I have it outlined, highlighted, it says the reverse runner styles are designed to be simple in design, but still decorative. All other framework is on the backside of the fence, and you don’t see the framework on this side of the fence. Do you? So that looks like side B to me, would be the back side. All I’m asking you for gentlemen is to get this resolved, decide which side is the front and which is the back, and get this taken care of. I don’t want to go another two years and have to keep coming to meetings. We’re having, we had a fall festival to bring the city together, yet we have constituents putting up with stuff like this. Thank you.”
Mayor Harris commented, “Mr. Rosnick, as this time, do you have a copy of this also?”
Mr. Rosnick commented, “No. I don’t.”
Mayor Harris commented, “You could also give that one to Mr. McHenry and go over with him. Thank you.”
Jim Mosby / Marvin Six 3174 Pennsylvania Avenue, Weirton, WV: Re: Business Development Corp. and WV Development Office, Funds Request Mr. Mosby commented, “I’m Jim Mosby of the Development Office from Charleston, and with me, of course, you probably all know Marvin Six. Mayor and Members of Council and Finance Director, City Clerk and Attorney, I appreciate you’re taking the time to hear us. We had met several times, with the City Manager and most recently the City Manager and Mayor to discuss the further development of the business development or the business park at Three Springs, the needs of that park and some of the things that we’re looking at improving. The fact that we have a prospective tenant has asked for some of those improvements have or has been tended to accelerate our need to have this done. But, as you’re probably aware, a the point in the park in the southern end, southeastern end of it, south section, there’s a parcel of land that has been unfinished, so to speak, and then it’s, the road’s not paved. The road ends but there’s a right of way. Utility lines are in place. But, it’s covered in trees and brush and shrub, shrubbery, whatever was put there by providence. It’s not shrubbery. I shouldn’t call it by that. It’s brush, probably is a better term. But, at any rate we’re asking the communities, the Development Office, is asking the communities involved in the park and in support of the Business Development Corporation, the communities that would benefit from it, principally Weirton and the two counties, Brooke and Hancock, to make a contribution of $25,000 each, and of course the Business Development Corporation’s making a contribution, to make a contribution to have that land cleared and ready for building. And, toward that end having been to both Brooke and Hancock Counties, they’ve agreed to participate. And, so, that’s why we’re here is to ask the city to participate along with Brooke and Hancock and with the Business Development Corporation in clearing that land for furtherance of the park, the use of the park and to make that improvement. And, I’d be glad to answer your questions and I’d ask Marvin if he has anything to add to that or…”
Mr. Six commented, “I’ve got a couple of items. This prospect we’ve been talking to for about a year now. It is a steel related industry that would be appropriate for the area. They had originally thought they would be locating here. They backed off early in the year, and then they came back to us saying we want to locate in Weirton. So, this has been going on from about this time last year when we made contact. We’ve been in discussions with them and their timeline is accelerating a little bit now. We would have been here earlier if we would have had more of a commitment from them in the spring of the year. But, we couldn’t get the commitment out of them. They have now made some further commitments to us, not anything in writing. There’s no signed documents yet, but they’ve made further commitments to the end of their doing some activities, doing their activities here to locate the business. So, that’s why we’re here on a sort of a last second type of request. We didn’t get any information to you before this meeting and I apologize for that. I wish we could have had more of a commitment out of them prior to this.”
Mayor Harris commented, “You know all of us that are here today all want to see businesses and jobs come into Weirton or even the county, Brooke or Hancock. It doesn’t matter. But, the question is, you know, I haven’t talked to the Councilmen about this yet, but myself and Gary DuFour have been talking. It seems like, you know, twenty-five thousand dollars that we’re being asked to give, I mean, it’s going to be tough for us to do that right now. I mean we could look and we could see we’ve got to see if we could do that. But, it just seems more to me as a gamble right now as far as we don’t have a commitment from them. If we throw twenty-five thousand dollars into this, are we throwing it away? Are they coming? Are we going to get a commitment from the State of, you know, whoever’s coming in? I mean, who’s giving us a commitment?”
Mr. Mosby commented, “Well let me answer that to start with. Marvin may have some things to add. You have a commitment from the State. We’ve paved the road out there. We’ve put the utilities out there. We’re clearing the debt on the property. We continue to spend money there, and it’s not specifically for this one prospect. Should they come, that’s fine. The property needs to be cleaned up to market it, to sell it, to show it to people anyway. That’s something that really needs to be done to make the back part of the property have a similar appearance to the front part in terms of it’s attractiveness to potential buyers or tenants. So, it’s something that really needs to be done in a way (unintelligible) whether this prospect comes or not. So, we are pushing to get this done whether we have a commitment from them or not. And, it’s sort of like buying, or winning a lottery there. It would be nice to win, of course, but first you’ve got to buy a ticket. So, I guess in effect I’m asking you to buy a ticket to participate, because, as I’ve said, Brooke County and Hancock County have both agreed to participate, financially participate.”
Councilmember Fijewski commented, “At the twenty-five thousand dollar level?”
Mr. Mosby commented, “Hancock at the twenty-five thousand. Brooke at the twenty, at twenty thousand, and I’m going to ask Brooke County to see if they can come up with another five too.”
Mr. Gurrera commented, “Would the seventy-five then take care of it?”
Mr. Mosby commented, “I’m sorry?”
Mr. Gurrera commented, “Would the seventy-five then take care of everything, or are you guys…”
Mr. Mosby commented, “From the estimates, well, as far as that aspect of it we think it will from the estimates that have been obtained by the BDC.”
Mr. Six commented, “Right. It should cover and I’m adding contentions in there depending on the scope of the job, whether we want the trees chewed up or burned or removed from the site. Each of those levels will determine the costs, so we’ll have to establish which level we have, the contractors are going to have to perform with the remaining trees, whether they get burned or hauled off the site.”
Councilmember Miller commented, “I’d like to make a couple of comments. We’d like nothing better than to start to make a move on that Three Springs Drive. You know, for years and years the comment was that we were land locked, then the property went up to auction and we all went through the T.I.F.F. training and we got that T.I.F.F. district up there. And, still high tide (unintelligible) to beat our socks in. But, we did go through this once in the last term, AMPS. Do you remember that Gary? And we committed some money for a company to come to town and it didn’t happen. Well, they came here but they didn’t last very long the last time. There’s got to be some kind of an agreement I would think. I’d be willing to vote for it if I had some kind of agreement with this company, and I kind of sorted out because I’ve been in the steel business so long I know who it is. I’m not saying anything. Yes, some kind of a protection, because we’re fighting with a budget that’s tight. We’ve lost a lot of income here, with Weirton, the a fighting a budget that’s tight. I’d like nothing more than to develop that, and I’m all for it, but there’s got to be something that’s tied to the money so that we, we’re not just going to throw it away like we did with the AMPS project.”
Mr. Mosby commented, “Well, I understand that. And, it’s not in that sense, in the same sense, the moneys not going to the company. It’s going to make improvements to the land.”
Councilmember Miller commented, “Yes, I understand that.”
Mr. Mosby commented, “And, in that sense it shows better, it looks better. It’s going to have to be done eventually for someone to be there. We bring people to look at the site. It’s sort of not being able to see the forest through the trees there and it doesn’t show very well. It doesn’t appear to be as large as it actually is because if there’s someone in a car at the road or standing at the road looking at it, all they see is trees. As opposed to what they see buying closer to the front of the park in the area around the general office. So, it’s really a site improvement we’re asking for. It’s not directly to the company. As I said earlier, this company may or may not locate there. It’s something that needs to be done and that’s why we’re asking for help to get it done so that we can further not just this project but anywhere else that comes along will have a site that’s prepared. We have a site that’s not really ready for prime time or for viewing at this point.”
Mayor Harris commented, “Mr. Mosby, is that land up there, are we selling that, is the state selling that or are we giving that away to bring in this…”
Mr. Mosby commented, “Sell it. The state’s selling it.”
Mayor Harris commented, “So, the state’s going to make something off of it?”
Mr. Mosby commented, “No. The state’s going to pay its debt. The state borrowed money to buy the land on behalf of the Business Development Corporation on behalf of the community through the West Virginia Economic Development Authority. Then they borrowed money to put the utilities in and so it’s in repayment of that debt. They don’t, I don’t think that the WVEDA would expect, it’s a non-profit. It’s a state agency. I don’t expect that they’ll make money on the sale of the land.”
Mayor Harris commented, “That was my question. Because if you was going to make money, I would ask that, you know, how to pursue getting that back.”
Mr. Mosby commented, “Where, and their money has been tied up in that now for a number of years. So, when you measure that in the typical way that and economist or bankers or other financial people look at the use of money and the lost opportunity cost had that money been in interest somewhere making money, even if they do come out ahead of what they paid for it, which I doubt, particularly on that piece, there are other situations that we’ve had to deal with there. I don’t think in a sense that there will be a great capital gain there. I don’t think they’ll make money on it.”
Mr. Gurrera commented, “Is the company willing to make some type of commitment of money towards it also or is it…”
Mr. Mosby commented, “Not for that. And, that’s what I say, it’s kind of a generic request to help improve the land. The company’s willing to make a commitment and make an enormous investment in structure, equipment and to hire people.”
Mr. Gurrera commented, “If they decide to make a commitment.”
Mr. Mosby commented, “If they decide on that piece of property. They won’t decide on the piece of property as it sits I don’t think.”
Councilmember Fijewski commented, “If you’re successful at attracting this company, how many jobs are coming with it and how many are transfer jobs and how many would be new jobs?”
Mr. Mosby commented, “I don’t know that precisely. It would be about 130 jobs.”
Councilmember Fijewski commented, “Transferred?”
Mr. Mosby commented, “The specific company that Marvin is referring to, that’s looking at it obviously would bring some people with it. It’s, I don’t know what the percentage is though.”
Councilmember Fijewski commented, “Thank you.”
Mr. Mosby commented, “There’s opportunity there for several other operations and growth that would probably after the course of a few years add to that 130 number from what we’re told.”
Councilmember Dalrymple commented, “Is a heavy industry, a light industry?”
Mr. Mosby commented, “I can tell you that it’s fabricating. It’s not heavy in terms of steel making. It’s not anybody that would be noticed from the road in the sense of emissions, smoke stacks, heavy industry in the traditional sense that we think of chemicals or steel or something related. It would be a fabricating operation.”
Councilmember Dalrymple commented, “And, they’re not satisfied right now with the piece of property because of the growth on it? I mean that’s pretty much where they’re at.”
Mr. Mosby commented, “They can’t build on it. They’ve asked that to be part of the offering to sell it. They’ve asked that it be cleared and ready to build on, and it’s not as you know. Then again, we, through our marketing division, we bring people up and look at the property from time to time. And, again, it’s a matter of needing that improvement to improve the opportunities or the chances of it being sold anyways. It just doesn’t show very well, so we see the need to have it cleared.”
Councilmember Fijewski commented, “If things would go well, when would the property, in your opinion be cleared? By what time frame? And, if things went well with the company, when would you see potential for movement in construction?”
Mr. Six commented, “I anticipate it being cleared by the end of the year. This particular prospect wants to start construction on their site right away. But, they have to go through the normal procedures of the subdivision, getting the necessary alterations to the property, getting the site plan put together, and that’s going to take some time just to go through the process. I don’t have a set date for them to start construction on the site, but they want to start as soon as possible. As I said, we’re trying to accommodate that schedule for them by getting the site cleared as soon as possible also. As I indicated earlier, I think by the end of the year.”
Councilmember Marsh commented, “Gentlemen, I would have to say we need to talk about this. The more I sit and listen, this is a very vicious cycle. We clear the property so the state can sell it and the manufacturer or whoever it is doesn’t have to clear the land. On the other hand we’ve got a lot of other businesses in this town that the state’s almost drove out of business and we’re going to hand over a $25,000 grant or a $75,000 grant. If we can tie a bond or something to this, I don’t have a problem with it, but I think we need to sit down and talk about it. This isn’t the forum for it.”
Councilmember Fijewski commented, “May I just put a little different spin on it. I think if for some reason the, if we would move forward with this, we are desperate in this community for growth and for improvement. And, I think if we would take an opportunity here, I would hope the citizens could forgive us for, if things did not go right, because our heart and our intentions would be in the right place. I find economic development being so competitive in states and in localities. As we all know if you go out to the Burgettstown area and they’ve got spec building going up and they’ve got land cleared, and, you know, they have a lot of attractive things for people. Their worker compensation is better than the states of West Virginia’s, etc. etc. etc. So, I would hate to see us be so cautious as to lose and opportunity like this, and I would hope, as I said, I would hope the citizens of Weirton would understand if for some reason things did not go the way we hoped they would, why we did it. And, I’m not trying, and I think you know me, I’m not, I’m fiscally conservative, but I think if you’re going to take a risk on things, this is the thing to take a risk on. And, so I just wanted to share that thought.”
Councilmember Miller commented, “What additional costs do you think we’ll have? Are those, and I address John actually, if I remember correctly, this company’s going to be buying full size coils and bringing them in on those roads. Are they sufficient to carrying that on a regular basis like they’ve been doing at Half Moon?”
Mr. Mosby commented, “The road, the road is supposed to be rated for that. The road’s owned by the State Department of Highways, and it’s their responsibility in design to accommodate the same (unintelligible) as the interstate (unintelligible) conditions for trucks (unintelligible), so we are assuming the department of Highways will do what they are supposed to do here.”
Mayor Harris commented, “I was going to ask Gio, we do have a few citizens here tonight, but it would be nice to get that out in the newspaper. Maybe it would be the next question of the week. You know, would you like your taxpayers money being spent on this. I would like to hear from some of the citizens myself.”
Mr. Mosby commented, “Can I add one other thing? I think of it in the same light as I would as painting your house or re-roofing your house or painting the fence if you trying to sell your house to improve the appearance a little bit. It’s an appearance thing. That’s something that has to be done. It’s complicated with the fact that this prospect has said, ‘we want the clearing done because all of the other properties that we’ve looked at are cleared and (unintelligible). So, they’re clear. They don’t want that burden then to clear it, because they have competing sites or comparative sites in other locations that are clear of structures and brush and trees and so forth. They’re looking at industrial parks in other places that are cleared. This one has not been cleared.”
Mayor Harris commented, “What’s our time frame as far as the other company wanting to come here? Is this something that will wait for three or four months or is this something we have to do quickly?”
Mr. Mosby commented, “It’s going to happen quickly. We’ll know about this pretty quickly.”
Mayor Harris commented, “OK.”
Councilmember Ash commented, “When do you have to have an answer from us? Tonight?”
Mr. Mosby commented, “We would like to get an answer tonight. (Unintelligible) we’re trying to make sure that we have the money in hand before the Business Development Corporation can advertise and take bids and get a contract to do this, sign a contract to do it. (Unintelligible).”
Councilmember Dalrymple commented, “I suppose that Brooke County would pony up a little more than what they had just because of the fact that that park’s in their county and they are going to reap the benefits of that if this comes through.”
Mr. Mosby commented, “I’m going ask, no the city will reap the benefits. (Unintelligible) district, so you will have…”
Councilmember Dalrymple commented, “Well, I understand that. But, you have, Hancock County is not even in that area, already donating money to it, and the home, host county is donating less than them. I think that needs to be squared away.”
Mr. Mosby commented, “As I said, I’m going to ask the Brooke County Commission to increase their offer to match the, what I’ve asked from everyone else.”
Councilmember Fijewski commented, “Could we have a special meeting?”
Mayor Harris commented, “Yes we can. We can take a look at that and maybe get together tonight and maybe set something up. We’ll run it by as quickly as we can.”
Mr. Mosby commented, “I appreciate that. If you have additional questions feel free to call me or Marvin. Marvin’s easier. It’s a little easier for him to get here with the help of (unintelligible).”
Mr. DuFour commented, “If I could ask, then, to assist Council, if you could just get us a summary, one sheet, some type of a summary to kind of capsulize, put together the main points you made here tonight. It would probably be helpful.”
Mr. Mosby commented, “We’ll have something to you, the City Manager, before the week is out to distribute if you will.”
Mr. Six commented, “I’ll do that.”
Mayor Harris commented, “Any other questions? All right thank you very much. Good luck.”
Mr. Mosby commented, “Thank you. I appreciate your time and your consideration on this too. Thank you.”
Ms. Jodie Kraina 4031 Palisades Drive, Weirton, WV: Re: Weir Memorial Poll / Cove School Ms. Kraina commented, “Hi. I’m Jodie Kraina, and I brought two books. I think two councilmen didn’t get our books, David and Bubba. You didn’t get these. Right? Everybody else has received our business plan and pictures of the Weir Memorial Pool. This is the complete and final plan, and I believe we’re meeting with the Park’s Board this week. Is that right Terry?”
Mr. Weigel commented, “Next week is the Park Board Meeting.”
Ms. Kraina commented, “Next week? Next week, we’ll be going with him. Our attorney will be working with the city attorney to make sure that the contract is in order. That’s what we’re waiting on right now. And, we’re really excited about this project. We’re really excited about what it’s going to do for the City of Weirton and for the community and especially for the kids. It’s going to give them hope. But, I’m standing here tonight, first of all after that, just that conversation, I have to, as a citizen who represents 3,500 other citizens on the part of R.A.G.E., Residents Against Gambling Expansion and also as part of the Ministerial Association representing the 42 churches in the city, I would say that’s a $25,000 investment that’s going to be the best thing that ever happened. Tell that to the 130 people that are going to be given jobs. We have been waiting for this city to start bringing in new businesses, and I would beg you, take the money and give it to them, and invest it. Because, I was here and sat through the tedious torment of the AMPS thing, and knew all of the circumstances. And, that was a heinous failure, but this would be an honest and a good investment, and it would really, really improve the moral of the community. We need to grow this city, and the only way we’re going to do that is with legitimate jobs. And, the reason I’m standing up tonight is for the Historic Landmarks Commission. I asked last City Council and I didn’t get and answer, and I really need and answer on this. This is very, very important to us. The Weir Memorial Park Association, Inc. our mission statement is to bring history to life one project at a time in the city and in the Counties of Hancock and Brooke. We’re working diligently. We’re working around the crock, clock with hundreds of foundations and different people. We would beg you to give us thirty days on the Cove School. Give us thirty days. If I can’t come to you with a business plan and the first half a million dollars to guarantee that we’re going to put a university in there then we, at least, you know, we’ve done everything we can. But, I’ve already been dialoging with two different universities. One would put a bible college and seminary there with expansion into and engineering school and an environmental school. Anybody that knows anything about cities where there’s fields of higher learning, the city grows. It grows and it grows, and our kids stay, and they come around and I give them jobs. If we’re going to have the kind of Weirton that is really going to grow and make a statement, then give us a chance. Maybe it won’t work. OK. Maybe, maybe it won’t work, but it’s worth a try. But I need a commitment from you that if you’ll give us thirty days and let me go forward in these dialogues. Otherwise, I’m just some crazy citizen talking about saving some dilapidated building. And, I would just ask you to give us a chance to do this. That’s all I’m asking.”
Mayor Harris commented, “At this time I can’t believe anyone would come up right now and do something with Cove School at the moment. So, I think you’re going to have a good thirty to sixty days before that happens. But, the Redevelopment Authority is really who you need to talk to. We’re deeding that over to them, so you need to discuss that with, those issues with them and come with a plan and an idea. We’d like to see a plan and idea, but it comes down to the Redevelopment Authority having the plan and the idea.”
Ms. Kraina commented, “Would this council be in agreement with that type of a plan? I mean, would you support that kind of a plan if it could be done?”
Councilmember Miller commented, “I’ve said a number of times to individuals that it would be wonderful if we could establish a branch of PITT right off of Colliers Way past the airport there, on that land, because universities and educational facilities do draw other businesses to your community. That’d be great. I don’t know that Cove School’s the place to put an educational facility, but I agree with the concept.”
Ms. Kraina commented, “I’m just trying to keep everybody happy. The Historic Landmarks Commission wants to save the building. I want to save the building. We could put a bible college and seminary there, but put the rest of the university up on the other hill. Just a thought. And, there a couple major universities that are interested, but I just have to know that the blessing of the City Council is behind at least going forward with this. Otherwise, you know…”
Mayor Harris commented, “Well, I asked Mr. Reinard last month, and we talked a little bit about it. And, I said you’ve got to plan and an idea. I have to see it, because we can’t just go off and just speak back and forth. We need a plan and idea. If you want me to go to battle for something, I need a plan and an idea, and most of all I need the money. I need money, because, you know, I think the last time we were talking someone mentioned $100,000 or $200,000, and that’s not going to touch anything up there. I mean, we’re talking, what was it, $2.3 Million with the last administration? Is that what it was, $2.3 Million?”
Ms. Kraina commented, “At least. At least. And, it’s going take at least $5 Million to get everything up and running for this field of higher learning. I mean those are the bottom figures from Regent University. So, but, if we have your blessing, and this is why I wanted it before the Council, before the public, that we can actually go forward with this and put all of our energies as we’re working on the pool project. At least those two projects would bring such and inspiration to the community. And, it would give us back hope which we have now under the new City Council. People have hope again. They believe in what you’re doing and we want to go forward with it why we have the opportunity to do that.”
Mayor Harris commented, “If you gave us a plan an idea, we would, I think we would all look at it.”
Ms. Kraina commented, “We’ll do that.”
Mayor Harris commented, “I mean, if we could do something with it, that’s great. But, you know we need a plan and idea first. You know, I don’t think the Council can sit here and agree to give it to anybody without a plan first.”
Ms. Kraina commented, “You’ll get the business plan like the one I just handed to you, and you saw our business plan. We’ll give you a business plan better than that with the written commitments from the founders who will put up at least the first million dollars, with tentative commitments for at least five, if you’ll, you know, just deal with us.”
Mayor Harris commented, “Right now, Cove School is at a negative value, so I can’t see anybody coming up in the next thirty to sixty days and buying it, but you never know.”
Ms. Kraina commented, “OK.”
Councilmember Fijewski commented, “But, in all fairness, I don’t want to be the voice of doom and gloom. That building has been there in disrepair since 1992. Here we sit as community looking at that thing, day in and day out. I’m new to this City Council and I don’t want to speak to prior years, but as a citizen of this community, it’s an eyesore.”
Ms. Kraina commented, “Yes, it is.”
Councilmember Fijewski commented, “And, help me with my math, fifteen years worth of whatever is, you know, that’s a gestation period for five elephants. It’s just unreasonable to expect that any community or any city would continue to look at that property and not move forward with doing something to improve it. So, let me, you were here last month, in all fairness, and you said thirty days. We’re back this month, thirty days later. You want another thirty days. And, I think that’s not unreasonable, but I think the thirty days need to run out. And, I think at some point in time this group is going to have to make a decision and let fifteen years come to a closure. Government, if it doesn’t take action and it doesn’t do things, it not worth the time of day. So, to continue to let that thing sit up there and not get resolution to it, to me, is a disservice to the community. So, I will agree with the Mayor. I don’t have any problem with and extension. But, you know what, from my standpoint, those extensions have to end at some point.”
Ms. Kraina commented, “And I agree with you, but remember the last time we didn’t talk about it. I just threw it out and nobody communicated. And, to make a thirty day commitment requires a two way dialogue, so I’m asking for a dialogue on your end. That’s all I’m saying.”
Councilmember Fijewski commented, “Yes. But, I don’t think this is the area to get the dialogue. From what I’m hearing from the Mayor it needs to go to the Redevelopment Authority.”
Ms. Kraina commented, “But, it hasn’t been deeded over yet. Correct?”
Councilmember Fijewski commented, “I don’t know.”
Mayor Harris commented, “Vince, has it been deeded over.”
Mr. Gurrera commented, “No.”
Ms. Kraina commented, “So, it’s still technically right where it belongs, and that’s why I’m here. And, the next City Council meeting, we’ll come with a business plan. We’ll come in with the extensive agreement for the financial commitment. And, believe me, when you drive by the highway, the first thing you see is that big old building. And, if you take of the wings and redo the front all the way down the sides, and you make that the way it should be, that’s going to be one of the most beautiful sites you see when you enter the city. I don’t know if it overlooks the whole city. So, it’s worth a try.”
Councilmember Fijewski commented, “I wish you the best.”
Ms. Kraina commented, “Thank you.”
Mayor Harris commented, “Thank you.”
Mr. Gurrera commented, “Jodi, if I may, John Allen and I, the attorney from Wheeling that you guys have on the pool, we’ll be talking again tomorrow.”
Ms. Kraina commented, “Thank you.”
Mr. Gurrera commented, “We spoke for a while today. But, in talking to Council and stuff like that, you need to direct some of this information towards the Park Board also.”
Ms. Kraina commented, “Absolutely.”
Mayor Harris commented, “Councilman Ash, didn’t you have a question?”
Councilmember Ash commented, “No. She answered me.”
Mayor Harris commented, “OK.”
Councilmember Ash commented, “She said will have the financial reports.”
Ms. Kraina commented, “Who will I need a direct person to…”
Mr. Gurrera commented, “After I talk to John, John’s going to let you know.”
Ms. Kraina commented, “OK. OK. Thank you very much. Thank you.”
Mr. Joe Stankowitz 127 Pike Street, Weirton, WV 26062: Re: No Parking Zone, LVLs, Garbage, Etc. Mr. Stankowitz commented, “The first thing, the Mayor’s two hour time limit. Has he been going by that? For a meeting?
Mayor Harris commented, “Are you going to take two hours?”
LAUGHTER
Mayor Harris commented, “At this time we’re asking for two minutes.”
Mr. Stankowitz commented, “You’re not in the building two hours at a time. OK.”
LAUGHTER
Mr. Stankowitz commented, “I’ve got a couple things. One is the, Max’s thing on the no parking on Middle, on Middle Avenue. And, I did a little survey on it, and it was done on the basis that the neighbor was complaining about the safety, the safety issue.”
Councilmember Fijewski commented, “That’s part of it Joe.”
Mr. Stankowitz commented, “Yes. And, I would like to recommend that you table it and send it back to the Traffic Commission and let them do a little survey on the thing. Cause, we had a truck in there, when was it, Thursday? They come on Tuesdays and Thursdays. We had a truck in there on Thursday back then where the guy was complaining about. Five people snuck past it. I don’t know how they did it. I don’t think I would have done it. But, two pick up trucks, one was George. I can understand him, because he doesn’t stop for anything. Two pick up trucks and three vehicles got past the thing. And, I think that we should, but I see this everywhere, if you go on Friday afternoon at, on Cross Street when we have dinner for grandpa, you’ll see four cars parked on the corner blocking the corner like that. And, if we do these things like this, willy-nilly like this, we’re going to end up with a problem all over town because our population’s getting older. And, this thing’s precipitated by somebody who probably should not be driving, and I know that’s difficult because I’m going to be there soon. And, somebody’s going to have to sit me down and say guess what dad, you’ve got to quit driving whether you like it or not. And, that’s what this problem was because I talked to the previous councilman who this person had complained to before and he said, ‘Joe, she can’t drive.’ And, that’s what precipitated the problem.”
Councilmember Fijewski commented, “And, it wasn’t a female who talked to me Joe, so it’s not the same person.”
Mr. Stankowitz commented, “Yes. Right. No, it was a his sister, his sister.”
Councilmember Fijewski commented, “Well, it’s not the same person.”
Mr. Stankowitz commented, “OK, but that’s been the problem there and that’s, and it’s only temporary. The truck’s only in there from five minutes to fifteen max on that kind of stuff, so it’s a temporary thing. They’re coming in the mornings now. I don’t know how long that’ll last. OK, the next thing I got. That takes care of that. On Pike Street they changed the garbage pickup from the back, from the alley to the front. Now, there are a couple neighbors who got upset about that, and this is why communications is important, just like on this no parking thing. The Traffic Commission should have talked to everybody involved on the thing before this. So, Fred calls me one day. I was talking to Fred on day and he says hey we might have to change the garbage to the front. And, I talked to (unintelligible). I said hey we might have to pick the garbage and take it to the front of the street. And, the first thing out of this one guy’s mouth, ‘I know that Fred Marsh was going to do it. He’s no good. I knew it.’ I don’t even know who Fred is. You know. He’s only been in town for six months.”
LAUGHTER
Mr. Stankowitz commented, “And then what happened was John Brown calls him up. So, John Brown gets him mad. So, now it’s Fred’s problem. So, it started out the driver of the truck says we don’t like driving down there cause it’s not dangerous. It’s dangerous. We’ve got to back up, all the way down this alley which is, what is it, about seventy? Well, I wouldn’t want to back down that alley to tell you the truth on that. But, it shows what happened. Now, John, now it’s Fred’s problem. Well, see I had a sign in my yard that said vote for Marsh. Guess who’s fault it is now? It’s not John’s. It’s not Fred’s. It’s my fault. (Unintelligible) nobody’s talking to on the street. So, this is how, this is why it’s important for these people to learn how to communicate to each other. Success in unity and you know, he’ll come back around sooner or later. I’ve got two more things, three more things. There was an article in the paper yesterday about the LVLs. They’re going to be able to advertise. And, that’s the first (unintelligible). When I think of LVLs, I think of tourists. And, what we did in Weirton was we passed, we lost one golden goose with Weirton Steel’s gone. The state screwed up their LVL (unintelligible). They gave us another golden goose, inadvertently. And, what we did, we spread the things out all over town. And, you do not want your, anybody from Vegas will tell you this, you do not want your locals playing the slot machines. The slot machines are for the tourists. The gambling is for the tourists. The locals are supposed to own the businesses and work in the businesses and make the money from the businesses. And, we have the spread all over town. And, I heard rumor of an entertainment district. Somebody will present something like that, that makes sense to me. And, I’ve only heard one person that came up with an idea which I thought was a (unintelligible). He said could you imagine if we would have done it right? We could have redeveloped all of Main Street, and there wouldn’t have been any of these LVLs in the neighborhoods or next to the churches. It’s something to think about. And the guys, I wish they were still here, the guys from the development thing. What everybody forgets about, the industrial park in Paris has been there for how many years guys? Fifteen, twenty, and they’re finally getting people in there. How are they getting people in there? Because they’re going to the five year tax abatement. Now, people working there still got to pay their taxes, but the business gets a five year tax abatement. Jefferson County, how do I know this? One of my customers moved from Paris to Jefferson County. He got seven years over there. He got a piece of property for $10,000 which would have cost him $60,000 in Paris. They’re giving the land away. And, that’s just to get the business in there. And, my suggestion would be for these guys and everybody else here, let’s take care of the local people first. If they’re going to be giving, people want to give tax breaks, what about the people that have been in business in town for fifty, how long’s Marsh Hardware been in business?”
Councilmember Marsh commented, “Eighty-six years.”
Mr. Stankowitz commented, “Eight-six years. What about the people that have been in business fifty, sixty, even five years, have been paying their taxes and we go and a new somebody comes to town and say you don’t have pay taxes. What if we had done the same thing for the locals and let them grow? And, if you look to the flow chart of a little place called Silicon Valley, everybody knows where that is, right, they started out with one business, two people. And, twenty years later, what developed into that. Why can’t we do that in Weirton? Why not? I’m done.”
Mayor Harris commented, “It sounds like you need to talk to your, also talk to your senator and governor, because that’s…”
Mr. Stankowitz commented, “Well, they’re tired of us.”
LAUGHTER
Mayor Harris commented, “I’ve even been asking the governor. We need tax breaks, you know, if we want to attract businesses here we need tax breaks. And, that’s what they’re getting in Pennsylvania and Ohio.”
Mr. Stankowitz commented, “I would say one thing on tax incentives. We have a B & O tax in Weirton. On small places it’s zero (unintelligible), but it’s still on the books. To show you how this affects attitudes of people, I went to, at the Salvation Army, this was years ago, I talked to a woman about that. She said she was talking to somebody and they were asking why they didn’t put their business in Weirton. She said then he said well you got a B & O tax. She said we do. Yes, you have a B & O tax. Well, it’s at zero. He said how long’s it going to be that way? And, that’s an attitude people have. It’s on the books, and it’s a negative, and you want to keep the negatives down to that.”
Mayor Harris commented, “Right. But, that is something, but the one thing is also I think we’re only four or five cities in West Virginia that don’t have a B & O. And, they’re not lining up to get here. Pennsylvania and Ohio has them. They’re not lining up to get here. So, it’s something more than a B & O.”
Mr. Stankowitz commented, “A look as you go down 79, the initial development, 79 was put down through West Virginia and they bypassed the cities, and what happened. Look at Ohio County. The businesses moved from the city out to the interstate. St. Claresville and that. And, then the cities now decide to gobble back that land back so they put the B & O tax back on. By the end of the year there will be no car dealerships in Wheeling. They’ll all be at the Highlands. No B & O tax on that. That’s all. I recommend a, the other neighbor is here too that’s involved, but I would recommend send it back to the Traffic Commission because there are some problems that, and I think this won’t solve the problems we have. I think we need to work out a yellow line thing and it will make the neighborhood a little bit better.”
Mayor Harris commented, “Are there any questions?”
Councilmember Miller commented, “You know Joe, we had a discussion about this at the Finance meeting last week about taxes. The City of Weirton would like to do a lot of things to help the businesses. The City of Weirton doesn’t collect any taxes.”
The county does though.”
Councilmember Miller commented, “In fact the county does. So, you have to get the county and you’ve got to get the state. There are, and I agree with you, a lot of existing businesses that need some help. I’ll give you an example, and this is a 501(c)3. If she’s successful in putting this thing together they’ll pay no real estate taxes, no sales taxes to the State of West Virginia, none of the stuff that we have to pay. OK, and there’s four or five business owners here on City Council. And, you know the business I bought. For sixty years they never paid a dime. It didn’t take Joe Alongi very long to get a hold of me.”
LAUGHTER
Mr. Stankowitz commented, “I’ve been there and done that.”
Councilmember Miller commented, “It was non-profit for sixty years.”
Mr. Stankowitz commented, “That’s a problem we have to deal with then. I’ll think of it as an attitude problem. And, that’s something that…”
Councilmember Miller commented, “You know we’re working on Home Rule.”
Mr. Stankowitz commented, “Yes.”
Councilmember Miller commented, “And, this is an issue that has come up.”
Mr. Stankowitz commented, “But, in most cases doesn’t Home Rule mean, well, does it mean more taxes or we’re going convert the taxes going to Charleston to stay here?”
Councilmember Miller commented, “Either or.”
Mr. Stankowitz commented, “It can go both ways, right.”
Councilmember Miller commented, “And, all we’re doing as a committee is putting together a plan to submit to see if we’ll be one of the five communities approved. All right.”
Mr. Stankowitz commented, “Yes.”
Councilmember Miller commented, “And, we hope that we will because we’re a bordered city with two different states to compete, so we think we have a good chance.”
Mr. Stankowitz commented, “Yes.”
Councilmember Miller commented, “But, any ideas that anyone has in the community would help the committee on the Home Rule. We’d appreciate it. What we think we could take control of away from the state and benefit our community with it. We had some conversation earlier in the day that Max had an idea, and I think that might work.”
Mr. Stankowitz commented, “Him and I have a lot in common. We’ve both been visited by the house (unintelligible), so…OK, thank you.”
Mayor Harris commented, “Thank you Joe.”
Mr. Lester McHenry 233 Miller Avenue, Weirton, WV 26062: Re: N/A Mr. McHenry commented, “Hi Mayor and Council. There’s a couple things I’d like to bring forward is first of all the deer population in the city. A lot of people’s upset and they’re taking in their own hands of shooting them at night. If you stay up late, you’ll hear them shooting them. As far as I know, it’s against the law. And I know something’s got to be done about the deer, but we live in West Virginia. We don’t live in New York City or Pittsburgh. We’re going to have deer no matter what. You can have a extended maybe hunting season or maybe you can contact the state and they can give you some birth control for the deer if there’s such a thing. The shooting, sooner or later, someone’s going to get shot, ‘cause I hear it all the time at night. And, a couple years ago it’s why some neighbors don’t get along. No one knew who shot the deer. No one accused anybody. But there was nine deer shot, all at one time and drug to one area. Now, once that happens, what happens, the neighbors fall out. Then they start coming to council complaining about weeds. The weeds have been there for twenty years. And, you have a building code official says we have a new international landscaping plan or something like that. You’re in violation of it. Well, if weeds have been there for twenty years, it seems like the weeds should stay there. My brother, he put crown vetch there. Crown vetch isn’t cheap to put down, and crown vetch isn’t a overnight thing. But, it does choke out the weeds and stapes and everything else. But, according to our code, crown vetch, it’s a weed. You see it all around town. The state has it. You see it across the street on the hillside that just got cleared a couple months ago. But, people can complain and the code, you can interpret different ways. It’s just like that was a problem. The next thing was railroad ties, holding up the bank that had the weeds with the crown vetch. OK. Move those. Now, it’s a fence. Well, to me a fence dictates a front and a back is where the posts are. If I buy a fence, and I want to put it upside down and the post is on my side that means you got the best side. Now, if there’s a code that dictates that much, then there’s a lot of violations throughout the whole city. It’s a waste of our code officials and the city’s time and money taking up these, what do I say, neighbor feuds. I’ve been coming to council meetings for about a year now, or over a year. I started getting interested in the city government, and the more I find out about it, there’s a lot of things that aren’t done right, and there’s a lot of things that could be done better. And, I’m hoping that this council starts changing things. I went to a ward, ward three meeting and it was very productive, I thought. Everybody voiced their, you know, opinion. And, you know, they were complaining about the deer too. But, you live in West Virginia. I feel like passing a code that you can’t plant flowers cause you’re drawing deer in. I have to, you have to have some common sense sometimes when you do some of these codes or enforcement of these codes. That’s all I have to say. Thank you.”
Mayor Harris commented, “Thank you.”
Mr. Chris Reed 168 Colliers Way, Weirton, WV 26062: Re: No Parking Zones Mr. Reed commented, “Hello, and thank you for listening. I’m Joe’s neighbor. I’m the one next to him on Middle Avenue. About the 25 foot extension, I would like to have that appealed if possible. For me to park on Colliers way is dangerous. I’ve had two vehicles totaled that way. Now, when we park there at the point where the truck meets, you know, whatever that type space is only at certain times of the day. And, for somebody to bring it back another twenty-five feet means that it would bring it back, clear back to my driveway which I think is unfair. You know, nobody’s approached us about it. The only reason why I found about it was because of Joe, and, you know, I’d like to have it, you know, something, or some kind of survey done on that. You know, cause I would like to have that taken back. I would just rather not have a yellow line where I park at. Thank you.”
Councilmember Dalrymple commented, “I, you know, I listened to both Joe and now you talk about this situation, and I’m not going to step your toes here Councilman, but I had some issues in my ward too with yellow lines and people not wanting them, and what not. The Traffic Commission looks into these things and when we bring that to their attention. And, they don’t survey every resident to find if they’re OK with it or if they’re not, just like Senator Bowman doesn’t survey us whenever they’re going to spend money at the state or congress surveys us when they’re going to spend money at the federal level, whatever that might be. Generally, when these things are done, they’re done for safety issues, and I understand that this is personally affecting you from what you’ve brought. The Traffic Commission advertises when they have these meetings, and they do research these things very thoroughly. The don’t just show up at the meeting and then vote it through. I have to speak for them because none of them are here, and they’re getting beat up tonight. But, this would be something I would believe you’d have to bring up with them. If you do not like what they, the decision that they came to, you need to bring it to them. We give them the suggestion. They take it, study it, make a ruling, bring it to us and we vote.”
Mr. Reed commented, “Shouldn’t they have at least approached us whenever they came around and looked at this to give the decision to you? Shouldn’t they have come to our door and asked us…”
Councilmember Dalrymple commented, “No.”
Mr. Reed commented, “They don’t have to none of that. I mean…”
Councilmember Dalrymple commented, “No. I…”
Mr. Reed commented, “…you just walk out and you have a yellow line. I mean that would…I don’t get the Weirton Times.”
Councilmember Fijewski commented, “You have a yellow line there now. Don’t you?”
Mr. Reed commented, “Yes. I mean were back beyond that and…”
Councilmember Fijewski commented, “Did anybody come to your door at that time and talk to you about the yellow line there?”
Mr. Reed commented, “No, that’s part of any corner. That’s a fire hydrant. I mean if you want to have, I mean if it would have been your house and somebody draws it all the way up the curb I mean to the other end of the block then wouldn’t you get upset about that?”
Councilmember Fijewski commented, “I understand your point.”
Mr. Reed commented, “Yes. That’s where I’m at. Nobody said anything and so all of a sudden we’re going to a yellow line back to your driveway.”
Councilmember Fijewski commented, “You have about a hundred feet left of property on the side of your house, do you not, to park your vehicle? You also have in the front of your house the full length of the property in front of your house to park your vehicle.”
Mr. Reed commented, “Yes. But, it’s like Colliers Way, it’s 25 mile an hour, but you go 45 mile an hour and that blocks two vehicles.”
Councilmember Fijewski commented, “I understand, but on the side of your house, do you have approximately a hundred feet. Do you not? At least a hundred feet after this line is going to be installed. You still would have at least a hundred feet of property to still park your vehicle. Would you not? I’m not hearing you. Correct?”
Mr. Reed commented, “Yes. Yes. Yes, I do.”
Councilmember Fijewski commented, “OK. Thank you.”
Councilmember Dalrymple commented, “Well, my point is just generally that the Traffic Commission doesn’t knock on every residents door when it comes to yellow lines, stop signs, speed limit changes, whatever they’re getting into. It’s just not feasible for them to do that, but they do research these meticulously to find out if it’s a good move, if it’s not. And, you know they have turned things down before in other things they’ve passed. It’s when they passed, they had their reasons for doing it. I’m not sure if I didn’t get involved in that because I had my own thing. But, if you have issues with yellow lines or recommendations they made to Council, those are the guys you need to contact. And, they will be able to tell you why they did it, and what their reasons were for passing it.”
Mayor Harris commented, “One thing that I would just like to say is you said that they didn’t knock on your door. And, jees, if these guys would have gone and knocked on everybody’s door, it’d be three or four weeks before they got to everybody, if they even did. That’s why they do advertise that we do have the Zoning Boards. We do have Planning Commission. We, all that’s advertised, so if you have a problem, that’s the door knock. That’s when you come in and let them know, you know, how you feel. But, you know, to do that I feel that you’re two steps late now. And, that seems to be the problem. If all the citizens have a claim out there, we’re not going to knock on your doors. We’re asking you to come in. That’s why we have these board and commissions and committees set up. That is your door knock.”
Mr. Reed commented, “Something else that, something totally irrelevant to that, this situation, I, we have a football field down at Oakland Field which is at the bottom of Oakland Avenue. If, at all possible we’d like to ask the city if they can extend two poles down, utilities, to run electric down to something, a building. We’re talking about a hundred fifty feet down to a shelter. There’s a swing set and a shelter next to it. We’re trying to develop parking, lighting, and the reason why I’m bringing this up is, you know, at 7:30 our practice is over and everybody’s going home in headlights. You know, we’d like to extend it and be safe and, you know, a little bit of a bulldozer was taken down by Magnone and they did clear us some twenty feet which was really gracious of them. We would like to get towards the point where we can run a concession stand down there, run another games or, you know, have baseball games down there, but we use it primarily as football. And, it’s getting to the point in the season where, you know at 5:00 it’s dark, you know and that’s where we’re at right now. And, I was talking to some of the other board members. If at all possible, you know, who do we talk to? Who would we approach? That would be you Max.”
Councilmember Fijewski commented, “If I could just interject on it quickly. Terry Weigel and I have met with Matt Magnone and as you indicated, he was gracious enough to send his equipment and do a considerable amount of land, for dirt removal to increase the parking down there. Terry and the Park Board, and to a smaller degree myself, we have been talking with some corporate sponsors. We’re not too far down the road yet for us to make any announcements about it. But, one of the things that many of the council members and the mayor talked about is looking for corporate sponsors to help us in many of these areas. So, we’ve had these preliminary discussion. We’re hopeful that we might be able to finalize something.”
Mr. Reed commented, “That would be very nice.”
Mr. Reed commented, “That would be my…”
Councilmember Fijewski commented, “So, I’ll work with Sherry on it and we’ll take your request and see what we can do on your behalf.”
Mr. Reed commented, “I appreciate that.”
Councilmember Fijewski commented, “We would be happy to do it.”
Mr. Reed commented, “We have a game Sunday too, by the way.”
Mayor Harris commented, “Thank you.”
Councilmember Fijewski commented, “And, they are, we are looking with some individuals about putting some gravel on that road.”
Mr. Reed commented, “Yes. It rained a couple weeks ago, and it just washed out.”
Councilmember Fijewski commented, “Yes. I went down there and I saw it, so we’re working to see if we can’t get some gravel down there. And, the individual that Terry’s been working with has indicated the willingness to do it for us. But, it may take a couple of weeks.”
Mr. Reed commented, “That’d be great. Thank you.”
Councilmember Fijewski commented, “Thank you.”
Mayor Harris commented, “Thank you.”
OLD BUSINESS
Ordinance No. 1542 (second reading) Amendment No. 668 to the traffic control map ordinance No. 214 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, 6/0.
Ordinance No. 1543 (second reading) Amendment No. 669 to the traffic control map ordinance No. 214 EXTENDING THE CURRENT NO PARKING ZONE ON THE EAST SIDE OF JENNIE LANE AT ITS INTERSECTION WITH PENNSYLVANIA AVENUE BY AN ADDITIONAL FIFTEEN FEET. Motion was made by Councilmember Jones, second by Councilmember Ash. The motion passed by majority, 6/0.
Ordinance No. 1544 (second reading) Amendment No. 670 to the traffic control map ordinance No. 214 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 Ash. The motion passed by majority, 6/0.
Ordinance No. 1545 (second reading) Amendment No. 671 to the traffic control map ordinance No. 214 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 Fijewski commented, “In reference to the comments that were made. This is strictly a safety issue. If you notice the previous reading, item number 3. The access as you know from these side streets going onto Colliers Way, because there is street parking on the right hand side of Colliers Way. On many occasions cars do park on Colliers Way and people coming out of these side streets have that visually blocking their view of cars coming down the road. And, currently because the yellow only goes approximately four feet around the bend, if a vehicle is now parked in that area where we’re asking the yellow line to be extended to, you now have, you’ve got the double whammy going for you. You’ve got that vehicle that you can’t, that’s obstructing view. You’ve got the vehicle on Colliers Way that is obstructing view. So, both this ordinance which the resident spoke to this evening and the one that just past would correct that problem on access and visual access to the traffic flow coming up and down the street. Fortunately, we haven’t had a problem in terms of an accident to my knowledge there, but I think we would also, besides trying to prevent things, I believe, and to avoid situations. And, this situation and some of the residents in that area as well as my own is that this would enhance the safety issue there. So, I would respectfully request that my fellow council people support this amendment. Thank you.”
The motion passed by majority, 6/0.
Ordinance No. 1546 (second reading) Amendment No. 672 to the traffic control map ordinance No. 214 ESTABLISHING A STOP SIGN ON THE SOUTH SIDE OF ROTHROCK AT ITS INTERSECTION AT MORGAN DRIVE. Motion was made by Councilmember Jones, second by Councilmember Ash. The motion passed by majority, 6/0.
NEW BUSINESS
Ordinance No. NEW AMENDING ORDINANCE NO. 1477, WHICH MODIFIED ORDINANCE NO. 1313, AS AMENDED. (Municipal Employees Salary Amendment) Motion was made by Councilmember Ash, second by Councilmember Marsh. The motion passed by majority, 6/0.
Resolution TO ENTER INTO CONTRACT FOR THE PURCHASE OF THREE LIGHT BARS FOR THE WEIRTON POLICE DEPARTMENT Motion was made by Councilmember Jones, second by Councilmember Ash. The motion passed by majority, 6/0.
Resolution AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION FOR THE WEST VIRGINIA LEGISLATIVE DIGEST FUNDS FOR THE WEIRTON AREA CHAMBER OF COMMERCE. Motion was made by Councilmember Dalrymple, second by Councilmember Fijewski. The motion passed by majority, 6/0.
Resolution TO ENTER INTO CONTRACT FOR AUDIT SERVICES FOR THE FISCAL YEAR ENDING JUNE 30, 2007. Motion was made by Councilmember Dalrymple, second by Councilmember Jones. The motion passed by majority, 6/0.
Resolution TO ENTER INTO CONTRACT FOR GASB 34 ACCOUNTING SERVICES FOR FISCAL YEAR ENDING JUNE 30, 2007. Motion was made by Councilmember Ash, second by Councilmember Jones. The motion passed by majority, 6/0.
Ordinance No. NEW AMENDING ARTICLE 1701 – INSPECTIONS DEPARTMENT OF THE CITY OF WEIRTON. Motion was made by Councilmember Miller, second by Councilmember Dalrymple.
Councilmember Ash commented, “It’s my understanding this is going just change this to add the UDO Administrator to have the same power as the Code Officials. Is that correct?
Unknown commented, “Yes.”
Councilmember Ash commented, “I read this. It says, ‘provided it’s not construed as purporting to authorize and unreasonable search and seizure prohibited by section 6, article III of the Constitution of this State,’ and I’m reading that and I looked it up and it says here, ‘that any search of a person’s house without a valid search warrant is an unreasonable search.’ And, first off I think Code Officials should not have that authority, without a search warrant, but that’s neither here nor there. But, this has been only passed in the previous councils, I believe. This is just amending this. The second part of it is, I think the Code Officials have enough people in their section that they can do their job without adding another person to it. So, first I’d like to ask Vince, as the city attorney, if they should have the power to go in without a warrant based on the U. S. Constitution and the West Virginia Amended Constitution, and if he thinks they should have that without the warrant. And, the second part is I just want Council to realize that we have three full time people in that department and a part time employed person. So, it would be up to you as individuals with how you want to vote on it, but I think there’s enough complainers in their job.”
Mr. Gurrera commented, “To answer that, the question, we had an ordinance that says that they’re allowed to do that. Do I think it’s constitutional? No. It was passed before.”
Mr. Rosnick commented, “That’s not what that ordinance is saying. That ordinance is saying…”
Councilmember Ash commented, “Excuse me sir. We didn’t ask your opinion yet.”
Mr. Rosnick commented, “OK.”
Mr. Gurrera commented, “If the ordinance is giving them the power to do that and if it’s being interpreted that way, then, no, it’s not constitutional. If Mr. Rosnick or the other inspectors of, ‘no we’re not just walking into peoples houses, we’re not doing that,’ and they’re not interpreting it as giving them the power to do that, then they’re not acting in an unconstitutional (unintelligible). However, if they’re interpreting it as saying, ‘I can just show up at your house, walk in your door,’ which I don’t believe they’re doing, then that would be unconstitutional.”
Councilmember Ash commented, “I will clarify. They’re not doing that. I know they’re not.”
Mayor Harris commented, “Mr. Rosnick, would you like to comment?”
Mr. Gurrera commented, “That doesn’t mean that this ordinance can’t be (unintelligible).
Mr. Rosnick commented, “Yes, to be clear, we absolutely don’t do that. If a person doesn’t consent to an inspection or even if they consent, we have a search warrant form, a release to search that they sign before we enter the house. And, if they don’t we absolutely go get a search warrant. The reason for the UDO Administrator being added is to enforce the Unified Development Ordnance. Our Code Officials aren’t responsible for that. That’s the only reason, if you read the original version of the ordinance, it addressed zoning in it, when the Code Officials were doing the zoning side of it. Now, we have, and that was passed before we had a Unified Development Administrator. All we’re doing is adding that so he can enforce that ordinance specifically.”
Councilmember Ash commented, “As I read the UDO, it specifically states here we have UDO Administrator and then Code Officials were part of the UDO. So, I don’t understand what that, what he (unintelligible). If the UDO Administrator actually oversees the UDO, then the Code Officials would go in and, based on what the UDO specifically says.”
Mayor Harris commented, “Would you like to make another comment on that, Mr. Rosnick?”
Mr. Rosnick commented, “Yes. I’m confused on that. The UDO addresses a Planning Director and a Unified Development Ordinance Administrator. It enforces that ordinance. Code Officials aren’t mentioned in that ordinance at all.”
Councilmember Ash commented, “(Unintelligible) on the internet, it specifically says Code Officials are part of it. I can go back and show it to you.”
Mayor Harris requested a roll call vote.
Councilmember Fijewski No Councilmember Dalrymple Yes Councilmember Miller Yes Councilmember Marsh No Councilmember Jones No Councilmember Ash No
The motion was defeated by majority, 4/2.
Resolution TO PLACE LIENS AGAINST REAL PROPERTIES FOR COSTS INCURRED IN DEMOLITION OF UNSAFE PROPERTIES PURSUANT TO ORDINANCE NO. 250 (4007 WASHINGTON STREET). Motion was made by Councilmember Jones, second by Councilmember Marsh. The motion passed by majority, 6/0.
Resolution TO PLACE LIENS AGAINST REAL PROPERTIES FOR COSTS INCURRED IN DEMOLITION OF UNSAFE PROPERTIES PURSUANT TO ORDINANCE NO. 250 (330 MENDEL STREET). Motion was made by Councilmember Marsh, second by Councilmember Jones.
Mr. DuFour commented, “If I could, Mayor and members of Council, just briefly. We have several lien ordinances here, and I just asked the solicitor again. We had passed legislation prior on trying to collect if possible (unintelligible). If there’s any possibility of collection, I’m asking you to please (unintelligible).
Mr. Gurrera made comments.
The motion passed by majority, 6/0.
Resolution TO PLACE LIENS AGAINST REAL PROPERTIES FOR COSTS INCURRED IN DEMOLITION OF UNSAFE PROPERTIES PURSUANT TO ORDINANCE NO. 250 (212 HUDSON STREET). Motion was made by Councilmember Ash, second by Councilmember Jones. The motion passed by majority, 6/0.
Resolution TO AUTHORIZE EXPENDITURE OF UP TO TEN THOUSAND DOLLARS FOR CITY OF WEIRTON’S PARTICIPATION IN WEST VIRGINIA STORM WATER MANAGEMENT GROUP. Motion was made by Councilmember Ash, second by Councilmember Fijewski. The motion passed by majority, 6/0.
Ordinance No. NEW AMENDING TRAFFIC CONTROL MAP ORDINANCE NO. 214 OF THE CITY OF WEIRTON – RESCIND ORDINANCE 1459 WHICH ESTABLISHED HANDICAPPED PARKING SPACE AT 3634 LINDBERG WAY). Motion was made by Councilmember Marsh, second by Councilmember Ash The motion passed by majority, 6/0.
Resolution COUNCIL SUPPORT OF A BROOKE-HANCOCK BROWNFIELD ASSESSMENT GRANT TO DEVELOP JOBS AND OPPORTUNITIES ON STRATEGIC DEVELOPMENT SITES. Motion was made by Councilmember Ash, second by Councilmember Fijewski. The motion passed by majority, 6/0.
APPOINTMENTS TO VARIOUS BOARDS AND COMMISSIONS
WEIRTON PLANNING COMMISSION
Councilman Ron Jones Appointment: 10/09/2007 – 06/30/2011 113 Cleveland Avenue Weirton, WV 26062 Motion was made by Councilmember Ash, second by Councilmember Fijewski. Motion was carried by majority, 5/1 with Councilmember Dalrymple voting no.
Max Fijewski Appointment: 10/09/2007 – 06/30/2011 225 Scenery Drive Weirton, WV 26062 Motion was made by Councilmember Miller, second by Councilmember Ash. Motion was carried by majority, 4/1 with Councilmember Dalrymple voting no, and Councilmember Fijewski abstaining.
ADMINISTRATIVE REPORTS
Fire Department Acting Chief Lowe commented, “Nothing.”
Councilmember Miller commented, “Can I ask a question? We just purchased that new boat. Did we use that on the river when the lady jumped off the bridge? Were we involved in that at all?”
Unknown commented, “Yes.”
Police Department Chief Marshall commented, “Nothing additional to report Mayor.”
Utilities: Sanitary and Water Mr. Mastrantoni commented, “We’re at the point that we can begin filling the new Belleview Tank. After the proper period we’ll be getting the tank in service. We’ll make sure the there are no leaks. We should see the tank filling up around Thursday or Friday of this week. (Unintelligible) At the sanitary plant we’ve hydrostatically tested all of our ATAD tanks and the projects going along well. And, we’re just about ready to start that up.”
Councilmember Marsh commented, “Butch, you are going to work on that issue up there at Belleview. Correct?”
Mr. Mastrantoni commented, “The silt fence issue?”
Councilmember Marsh commented, “Yes. The one you and did and…”
Mr. Mastrantoni commented, “On the temporary side of it, the contractor’s already taken steps to address the temporary silt fence to get that situation looked at. In the long them, yes, we’ll have to look at that so that it doesn’t create a problem around on the site and with the adjacent properties.”
Councilmember Marsh commented, “OK. Thank you.”
Councilmember Dalrymple commented, “Butch, I would just like to thank you and Councilman Jones for taking care of installing a water fountain up at the playground that we’ve been working on for the last couple years to get straightened out. That’s something I hope the people up there will utilize and not damage. Thank you again for doing that for me.”
Mr. Mastrantoni commented, “Your welcome. My hopes are similar that vandalism will (unintelligible).
Councilmember Dalrymple commented, “Right. Well, there’s a lot of people that are keeping their eyeballs on that playground up there now.”
Councilmember Fijewski commented, “Butch, since my fellow councilperson, Mr. Kondik is not here today, I’ll try to speak on his behalf. Is there any progress made in the Hanlin Way, the people that came here last Council meeting and spoke to the problems they were having. Has there been any progress made in regards to that?”
Mr. Gurrera commented, “Is that the one that we did the releases with them? I had a phone call. I had to place phone calls to both council that were involved in that. My interpretation of those releases are that the City of Weirton paid for past, present and future damages. They were complete releases at the time. Unless they, unless there’s some argument that says that they weren’t valid releases, which I don’t think would say that because that was the resolve of the court. The more we get involved, the more we open up a can of worms. I think we paid them for future damages. Did we not?”
Mayor Harris commented, “The deal they took was the deal…”
Mr. Gurrera commented, “My interpretation of the release is very clear. It’s for past, present and future damages.”
Councilmember Fijewski commented, “I thought, and I don’t know if George was there yet, but my understanding, at least from what I heard was concerning something with shut off valves, or something to be installed and they weren’t installed.”
Mr. Mastrantoni commented, “Yes. Part of the…”
Councilmember Fijewski commented, “That was part of the agreement?”
Mr. Mastrantoni commented, “Right. And…”
Councilmember Fijewski commented, “It wasn’t the money.”
Mr. Mastrantoni commented, “And, the council, the plaintiff’s council was working up a right of entry easement of sorts that would permit us to enter the private property, locate the sewer line laterals, and install the check valves. And, the last I heard that was approved by all the councils involved and they beginning to meet with each of the residents to have them executed. We have not received any executed copies, and because of...”
Mr. Gurrera commented, “Nor have I. I haven’t received an executed copy either.”
Mr. Mastrantoni commented, “And until I receive executed copies, we will not proceed until all the councils have assured us that we’re not going to get, open a can of worms up legally once again. And, on the other hand we do have the bite and the one way check valves purchased. We have them in stock. So, as soon as this information is resolved from a legal standpoint, we’re prepared to move those, their problems.”
Councilmember Fijewski commented, “Thank you.”
Mr. DuFour commented, “Let me interject if I may. My office was contacted by one of the residents who was here at the meeting. Margarite Baker Huegy had contacted my office on questions the residents had, not so much about the plan, but about their ongoing safety and confidence in the system, and I think that’s what’s delaying some of that too. They want to be assured of that, and I think they want reassurance of their line difficulty. And, anything that can be done at both ends of this is appreciated. I understand the legal aspects in the documents, etc. (unintelligible). But, I could sure understand and I have a feeling for what they said here and then what Peg had mentioned in person. (Unintelligible), for what they’ve gone through at that period of time. So, I’m going to request…”
Mr. Gurrera commented, “The attorney’s observed that also. I just, I feel uncomfortable talking to them directly, and I think we should all feel uncomfortable talking to them directly because first of all they have council, second of all we’re in the process of reaching, finalizing the agreement. And, until that’s accomplished, until we know exactly that it all has been finalized, I just think that we should endure the (unintelligible) to get involved in it rather than saying hey look, you know, get your lawyer to get this stuff done, get these things signed. Let’s get this done. I still think that were opening a…”
Mr. DuFour commented, “(Unintelligible)”
Mr. Gurrera commented, “Yes. I mean, we have an agreement. Let’s just get it finalized before we start saying what we’re going to do.”
Code Enforcement / Inspections Mr. Rosnick commented, “Nothing to add to the report.”
Parks and Recreation Mr. Weigel commented, “Nothing further to add to the report other than welcome aboard to the new Park Board members.”
Mayor Harris commented, “Terry, I think it might have been in the paper. You did get a new member also on the Park Board.”
Mr. Weigel commented, “That’s correct. Deb Witkowski was appointed by the Park Board to fill the unexpired term vacated by J. J. Bernabei. Also, William Currenton is the, taking over as chairman. J. J. was chairman this year (unintelligible). We’ll hit the ground running (unintelligible).”
Public Works Department Mr. Brown commented, “Mayor, I’d like to report that we’ve had a very successful fall clean up for the city. I attribute that to my staff. (Unintelligible) gave to me (unintelligible) for doing my job.”
Mayor Harris commented, “No complaints in my ward that I know of. Anybody else?”
CROSSTALK
Councilmember Fijewski commented, “John, I really want to thank you for the removal of those empty parking meter posts throughout Main Street. I think the people may or may not have noticed it, but I sure as heck have. And, I think it’s a real enhancement to Main Street. Thank you and your staff for doing it. I think you’ve made a big improvement.”
Mr. Brown commented, “And, the city manager.”
Councilmember Fijewski commented, “I understand that. I appreciate it. Thank you to both of you.”
Mary H. Weir Public Library Mr. Rekowski commented, “I have two current issues to report. We’re very happy to report that the state has returned the equipment on the wireless network at the library. And, it is reinstalled. It is up and running and it seems to be functioning than it was when they originally installed it. So, that is now currently available for our library patrons. Also, I was able to attend the West Virginia Library Association Conference last week, and to hear about the services, status of the services the Library Commission is providing the libraries throughout the state. And, something very new and we will be hearing more about this in the newspaper, our EPSCO Periodical Database has been enhanced. And, it’s so new, I’m only getting a little bit of an introduction to it. But, right now, if there’s anybody who’s familiar with motorcycles, we have the motorcycle handbooks online. And, here’s the power of your library card. You’ll be able to look at Harley Davidson, I key lists off the number of titles of other manufacturers. Honda is there. But, it’s available. Your library card, in the library or at home. So, this is what we know that’s really new and I think it’s going to be interest.
Finance Director
TREASURER’S REPORT
Valarie Means gave the treasurer’s report for September 2007, stating:
Beginning Cash Balance: 555,014.28 Interest: 2,906.96 Deposits: 3,017,871.87 Investment Drawdown 200,000.00 Disbursements: (1,269,599.52) Deposits to Investments: (2,000,000.00) Ending Cash Balance: 506,193.59 Beginning Investment Balance: 629,125.40 Interest on Investments 0 Deposits: 2,000,000.00 Withdrawals: (200,000.00) Ending Investment Balance: 2,429,125.40 Petty Cash Fund: 700.00 Total Cash and Investments Available: 2,936,018.99
Ms. Means commented, “There are no additional bills in you packet for approval tonight.
Motion to approve the financial reports and approve all department administrative reports was made by Councilmember Fijewski, second by Councilmember Ash. Motion was carried by majority, 6/0.
Mayor Harris commented, “At this time I would like to thank everyone for attending. Also, I see that the Boy Scouts are back there. Would you like to have someone stand up and introduce you, what cove, what pack?”
Ms. Clements commented, “We’re from Troop 36 from First United Methodist Church, Anthony Truax, Billy Wieloh (sp), Anthony Clements and Donnie Clements.”
APPLAUSE
Motion to adjourn after the closing prayer was made by Councilmember Fijewski, second by Councilmember Jones. Motion was carried by majority, 6/0.
ADJOURNMENT
With no further business before this October 09, 2007 regular session of the Weirton City Council the meeting was adjourned after the closing prayer.
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