WEIRTON CITY COUNCIL
COUNCIL MEETING - REGULAR
October 10, 2006 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 October 10, 2006 at 7:00 P.M. in Council Chambers of the City of Weirton Municipal Building.
Mayor Miller called the meeting to order.
Councilmembers in Attendance: Henry DeMasis Councilmember Ward 4 Harold Miller Councilmember Ward 2 Dale Moore Councilmember Ward 3 Jerry Miller Councilmember Ward 1 David Dalrymple Councilmember Ward 6 Frank Veltri Councilmember Ward 7 George Kondik Councilmember Ward 5
City Officials in Attendance: John Brown Public Works Superintendent Chief Kessler Cole Weirton Fire Department Gary DuFour City Manager Thomas J. Maher, Jr. City Clerk Valerie Means Finance Director A. D. Mastrantoni Utilities Director Rik Rekowski Mary H. Weir Public Library Rod Rosnick Chief Code Official Chief D. Lance Scott Weirton Police Department Terry Weigel Weirton Parks and Recreation Director John Yeager City Attorney
Others in Attendance: Citizens Media Weirton Daily Times; WTRF-TV7
Mayor Miller led the Pledge of Allegiance.
APPROVAL OF MINUTES
A motion was made by Councilmember J. Miller and second by Councilmember Moore to approve the minutes of the: September 11, 2006 – Regular Council MeetingThe motion carried, 7/0.
MAYOR’S AWARDS AND PROCLAMATIONS
Mayor Miller commented, “There is one Mayor’s Award. I would like to pass this out to Colleen Ovales, if she would step up to the podium with…Well, you’re a cute one!”
(Laughter)
Ms Ovales commented, “I’m not that very cute.”
(Laughter)
Mayor Miller commented, “I’d like to read something for you. First of all, congratulations, and certainly we appreciate what you’ve done for your aunt. Let me read this. In grateful recognition of your outstanding public service and good citizenship rendered on Thursday, September 14th, 2006, when you came to the aid of your aunt…come out here so they can get a picture…”
(Laughter)
Mayor Miller continued, “That’s better. OK…when you came to the aid of your aunt by calling 911 and saving her life, your skillful and quick response for your act of courage deserves this special recognition and this Mayor’s Award, and we thank you very much.”
(Applause)
Mayor Miller commented, “The first proclamation has to do with National Fire Protection.”
WHEREAS, the City of Weirton is committed to ensuring the safety and security of all those living in and visiting our city; and
WHEREAS, fire is a serious public safety concern both locally and nationally, and homes are the locations where people are at greatest risk from fire; and
WHEREAS, the nonprofit National Fire Protection Association (NFPA) has documented through its research that cooking is the leading cause of home fire. One out of three home fires begins in the kitchen - more than any other place in the home; and
WHEREAS, the City of Weirton Fire Department is dedicated to reducing the occurrence of home fires and home fire injuries through prevention and protection education; and
WHEREAS, each cooking fire that is prevented in Weirton is an opportunity to prevent painful injury and costly property damage; and
WHEREAS, the 2006 Fire Prevention Week theme, “Prevent Cooking Fires; Watch What You Heat”, effectively serves to remind us all of the simple actions we can take to stay safer from fire during Fire Prevention Week and year-round.
NOW, THEREFORE, I, William M. Miller, Mayor of the City of Weirton, proclaim October 8 - 14, 2006” as Fire Prevention Week in Weirton, and I urge all the people of Weirton to heed the important safety messages of Fire Prevention Week 2006, and to support the many public safety activities and efforts of Weirton’s Fire Department.
Mayor Miller commented, “I’d like to present this to Lieutenant Bertha.”
(Applause)
Mayor Miller commented, “The second proclamation is for the National Business and Professional Women.”
WHEREAS, working women constitute 62.7 million of the nation’s work force and strive to serve their communities, their states and their nation in professional, civic and cultural programs: and
WHEREAS, women-owned businesses account for over one-third of all firms in the country and provide employment for one out of every four U.S. workers; and
WHEREAS, major goals of business and professional women are to promote equality for all women and to help create better conditions for business women through the study of social, educational, economic and political problems; and
WHEREAS, all of us are proud of their leadership in these many fields of endeavor:
NOW, THEREFORE, BE IT RESOLVED, that I, William M. Miller, Mayor of the City of Weirton, Hancock and Brooke Counties, West Virginia, and on behalf of the City Council do hereby proclaim October 16, 2006 through October 22, 2006 as
NATIONAL BUSINESS PROFESSIONAL WOMEN’S WEEK
and urge all our citizens to join me in recognizing the outstanding contributions made to the community by this organization.
Mayor Miller commented, “That will be presented to them at a banquet.”
Mayor Miller commented, “The last one is a proclamation concerning National Breast Cancer Awareness Month.
WHEREAS, National Breast Cancer Awareness Month is in its 22nd year of educating women about the importance of early detection. More and more women are getting mammograms to detect breast cancer in its earliest stages. As a result, breast cancer deaths are on the decline; and
WHEREAS, during National Breast Cancer Awareness Month, we recognize the progress being made towards a cure for this disease, which robs so many women of their health and, in too many cases, their lives. This year, an estimated 203,000 American women will be diagnosed with breast cancer, and almost 40,000 will die. Although we have made great medical strides in understanding breast cancer, much remains to be done to advance prevention, early detection, and effective treatment; and
WHEREAS, regular screenings remain the most effective way to identify breast cancer in its earliest and most treatable stages. For women 40 and over, having mammograms every 1 to 2 years can reduce the risk of dying from breast cancer; and
WHEREAS, to prevent breast cancer, we must increase awareness of its risk factors and causes. Age and genetic factors have been shown to increase the risk of breast cancer. And researchers are now exploring how diet and hormonal factors are linked to possible causes. This information will help women and their doctors make informed health care choices.
NOW, THEREFORE, BE IT RESOLVED, that I, William M. Miller, Mayor of the City of Weirton, Brooke and Hancock Counties, West Virginia, do hereby proclaim October as
“BREAST CANCER AWARENESS MONTH”
in the City of Weirton and call upon government officials, businesses, communities, health-care professionals, educators, volunteers, and all the people of Weirton to publicly reaffirm our community’s strong and continuing commitment to controlling and curing breast cancer.
COMMUNICATIONS
Councilmember Kondik commented, “I’d just like to thank the, publicly thank the Downtown Weirton Rotary Club for their efforts in cleaning up Main Street. We spent about three hours, the five of us, going from the old (unintelligible) club down at Krogers and back up and I thank them publicly for doing that.”
Mayor Miller commented, “I share you sentiments and we had twelve different organization and volunteer groups that throughout the city helped clean up, and we certainly appreciate it. I know Council is very happy over the situation, and I certainly am, and the City Manager. So we thank all of the volunteers this past week for taking care and trying to brighten and clean up in the city.”
CITIZEN COMMENTS
Ms. Sherry Byers-Pepper 3632 Collins Way, Weirton, WV: Ms. Byers-Pepper commented, “Good evening. I’m here this evening as Sherry Byers-Pepper, citizen, and person who knows a lot, because I’m also a member of the Weirton Historic Landmarks Commission. What I’m passing around to you, I think will answer questions concerning the letters mentioned in the newspaper from Susan Pierce and the letter to me. I think that you can see where the problems about the history of Cove School came about. So, I brought those tonight for your information. I do want to reiterate one fact, and that is that the Weirton Historic Landmarks Commission is the one and only public body who is empowered to designate anything historic in the, within the jurisdiction of the City of Weirton. We were informed tonight, prior to the meeting that…Mr. Kondik, have you decided on a time for our meeting, you and Mr. Veltri.”
Councilmember Kondik commented, “Wednesday morning Sherry.”
Ms. Byers-Pepper commented, “Wednesday morning. What time?”
Councilmember Kondik commented, “Ten O’clock.”
Ms. Byers-Pepper commented, “That would be fine. I will see that the commission is…”
Councilmember Veltri commented, “Not tomorrow.”
Councilmember Kondik commented, “Not tomorrow. Next Wednesday.”
Ms. Byers-Pepper commented, “All right. I will see that they are there.”
Councilmember Veltri commented, “Where are we meeting at?”
Councilmember Kondik commented, “We’ll probably get space in Room 201 or 206. We’ll find a place.”
Ms. Byers-Pepper commented, “Whichever one. All right. It will be here in the City Building?”
Councilmember Kondik commented, “Yes.”
Ms. Byers-Pepper commented, “We hope that before Mr. Kondik and Mr. Veltri meet with the commission that you will get together all of your questions that would like us to answer, and we will do the very best we can to give you our answers and we’ll make sure that you get that information. We would like to work cooperatively with any group, and I thank you for your kind attention.”
Mr. Tony Iaquinta Weirton, WV: Mr. Iaquinta commented, “Mayor and Council, I’d like to have you to have some consideration for Mr. Spencer, that wants to open up the garage on Weir Avenue. He wants to be part of the city, you know, and raise his family here. And, he’s been doing a lot of work and everything up there, and he really needs a shot, you know, to get…to get him started. If you could possibly give him some consideration.”
Mayor Miller commented, “It’s on the agenda tonight, and I’m sure Council will address it sir.”
Mr. Iaquinta commented, “Thank you. Thank you.”
Mr. Lamont Spencer Weirton, WV: Mr. Spencer commented, “I’m the one that purchased a building off of Mr. Iaquinta there. This is a…I’ve been working at Holcim here. We took a product off of Weirton Steel, due to the mill losing the jobs and just trying to make a way for my family here. And, maybe by opening that garage, I can employ one or two people to help me. I just feel…this area…this is all I have here. My mother is here. My mother-in-law. I can’t leave this area. This is my livelihood here. You know, it’s hard out there. There’s no jobs, no where else, and this is all I know how to do. I’m hoping you guys take into consideration and let me open this place. I’ve communicated with all of the neighbors about it, and they’re all for it. I mean, I don’t know what else to do. I mean…”
Mayor Miller commented, “Well, we appreciate you coming here tonight sir, and going ahead and pleading you case. I don’t know if any of the Council members want to say anything now or when it comes up. It’s up to you.”
Councilmember J. Miller commented, “I went up to Mr. Spencer’s, or Mr. Iaquinta’s and Mr. Spencer’s place yesterday, and I see a lot of clean up going on. I see some things happening there that are to a positive light.”
Councilmember Dalrymple commented, “I stopped there today also and checked it out. A lot of work’s been done up there, and you’ve started on cleaning up the property. It’s got a long way to go, but…”
Councilmember J. Miller commented, “You’re going to get there.”
Councilmember Dalrymple commented, “…it’s a start. It definitely got a start, and that’s something that we need in this community. It’s people to take pride in their properties, clean them up, and make them presentable.”
Mr. Spencer commented, “I’ve had a lot of help from a lot of people in the community stop past helping me do things and Saturday they all stop past helping me paint, seeing me painting and gave a hand in a lot of people gave a hand to get going there.”
Mayor Miller commented, “Thank you Mr. Spencer.”
Mr. Spencer commented, “Thank you.”
Mr. Gus Monezis Weirton, WV: Mr. Monezis commented, “Gentlemen, I’m here with respect for this Council, which I think you all know I have respect for you. I just don’t know when there were three Millers on the body at the same time.”
Mayor Miller commented, “We’re going to change the City of Weirton to Millerville.”
(Laughter)
Mr. Monezis commented, “I’m here on behalf of Lamont, but we’ll call him Jake, Jake Spencer. I went up and looked at the property, and I was amazed at how big it is, because I always thought there was a problem with lead and stuff. And, I think that you should strongly consider allowing this man to make a living, because he lost his job, and he’s up there working diligently, and he’s cleaning it. And, he’s making it look better than it ever did. And, I can tell you a place on top of Marland Heights hill that looks 15 times worse. And, he’s going to do a good job. He’s taken trees down. He’s going to put in new garage doors, and he did work for me. He’s a good man, and he’s a good worker. And, I think you should really consider that. I think…you know we need businesses. It’s an empty building. It’s another one we don’t want to tear down. Do you know what I mean? So, I really believe that you should strongly allow this gentleman to make a living. Thank you.”
Mayor Miller commented, “Thank you Mr. Monezis. And, why didn’t you bring some pumpkin rolls?”
(Laughter)
Mr. Monezis commented, “Wait a minute.”
Mr. DuFour commented, “He’s going out to his car.”
(Laughter)
Mayor Miller commented, “Do you have them in the car, or do you just have them outside of the door?”
Mr. Monezis commented, “Do you see this? I came from the pizza shop.”
OLD BUSINESS
Ordinance No. 1491: (Second Reading) AMENDING THE TEXT OF THE UNIFIED DEVELOPMENT ORDINANCE (UDO) (APENDIX A) AS RECOMMENDED BY THE WEIRTON PLANNING COMMISSION.
Motion was made by Councilmember Moore, second by Councilmember Veltri. The motion passed by majority, 7/0
Ordinance No. 1492: (Second Reading) ACCEPTING FROM PATSY SELLITTI, SR., .074 ACRES OF REAL ESTATE UPON WHICH VIEW STREET HAS BEEN BUILT AND MAINTAINED BY THE CITY.
Motion was made by Councilmember J. Miller, second by Councilmember DeMasis. The motion passed by majority, 7/0
Ordinance No. 1493: (Second Reading) ACCEPTING FROM PATSY SELLITTI, SR., .206 ACRES OF REAL ESTATE UPON WHICH VIEW STREET HAS BEEN BUILT AND MAINTAINED BY THE CITY.
Motion was made by Councilmember DeMasis, second by Councilmember J. Miller. The motion passed by majority, 7/0
Ordinance No. 1494: (Second Reading) AMENDMENT NO. 647 TO THE TRAFFIC CONTROL MAP OF THE CITY OF WEIRTON TO RESCIND ORDINANCE NO. 487, AMENDMENT NO. 164, WHICH ESTABLILSHED A NO PARKING ZONE ACROSS FROM THE DRIVEWAY OF 3337 ORCHARD STREET.
Motion was made by Councilmember DeMasis, second by Councilmember Dalrymple. The motion passed by majority, 7/0
Ordinance No. 1495: (Second Reading) AMENDMENT NO. 648 TO THE TRAFFIC CONTROL MAP OF THE CITY OF WEIRTON TO AMEND ORDINANCE NO. 1038, AMENDMENT NO. 447 BY RESCINDING THE RESIDENTIAL DISABILITY PARKING SPACE AT 3319 ELM STREET ONLY.
Motion was made by Councilmember DeMasis, second by Councilmember Veltri. The motion passed by majority, 7/0
Ordinance No. 1496: (Second Reading) AMENDMENT NO. 649 TO THE TRAFFIC CONTROL MAP OF THE CITY OF WEIRTON TO RESCIND ORDINANCE NO. 1401, AMENDMENT NO. 614, WHICH ESTABLILSHED A RESIDENTIAL DISABILITY PARKING SPACE AT 204 HUDSON AVENUE.
Motion was made by Councilmember DeMasis, second by Councilmember J. Miller. The motion passed by majority, 7/0
Ordinance No. 1497: (Second Reading) AMENDMENT NO. 650 TO THE TRAFFIC CONTROL MAP OF THE CITY OF WEIRTON TO RESCIND ORDINANCE NO. 1306, AMENDMENT NO. 577, WHICH ESTABLILSHED TWO STOP SIGNS ON THE EAST AND WEST SIDES OF BIRCH DRIVE AT ITS INTERSECTION WITH THE RAILROAD CROSSING.
Motion was made by Councilmember Dalrymple, second by Councilmember DeMasis. The motion passed by majority, 6/1, with Councilmember Kondik opposing.
Ordinance No. 1498: (Second Reading) AMENDMENT NO. 651 TO THE TRAFFIC CONTROL MAP OF THE CITY OF WEIRTON TO INSTALL A STOP SIGN ON PATTERSON LANE AT ITS WESTERN INTERSECTION WITH FERNWOOD AVENUE.
Motion was made by Councilmember Veltri, second by Councilmember J. Miller. The motion passed by majority, 7/0
Ordinance No. 1499: (Second Reading) AMENDMENT NO. 652 THE TRAFFIC CONTROL MAP OF THE CITY OF WEIRTON TO INSTALL A STOP SIGN ON CRYSTAL LANE AT ITS NORTHERN INTERSECTION WITH FERNWOOD AVENUE.
Motion was made by Councilmember Moore, second by Councilmember Veltri. The motion passed by majority, 7/0
Ordinance No. 1500: (Second Reading) AMENDMENT NO. 653 TO THE TRAFFIC CONTROL MAP OF THE CITY OF WEIRTON TO INSTALL A NO TURN ON RED SIGN ON CRAWFORD AVENUE AT ITS INTERSECTION WITH PENNSYLVANIA AVENUE.
Motion was made by Councilmember DeMasis, second by Councilmember Veltri. The motion passed by majority, 7/0
Ordinance No. 1501: (Second Reading) AMENDMENT NO. 654 TO THE TRAFFIC CONTROL MAP OF THE CITY OF WEIRTON TO ESTABLISH A DEDICATED RESIDENTIAL DISABILITY PARKING SPACE AT 3510 ELM STREET. (ALDEN EDWARDS)
Motion was made by Councilmember DeMasis, second by Councilmember J. Miller. The motion passed by majority, 7/0
Ordinance No. 1502: (Second Reading) AMENDMENT NO. 655 TO THE TRAFFIC CONTROL MAP OF THE CITY OF WEIRTON TO RESCIND ORDINANCE NO. 1166. AMEMDMENT NO. 500 WHICH ESTABLISHED A DEDICATED RESIDENTIAL DISABILITY PARKING SPACE AT 3324 ELM STREET. (MIKE LESHO)
Motion was made by Councilmember J. Miller, second by Councilmember Dalrymple. The motion passed by majority, 7/0
Ordinance No. 1503: (Second Reading) AMENDMENT NO. 656 TO THE TRAFFIC CONTROL MAP OF THE CITY OF WEIRTON TO ESTABLISH A DEDICATED RESIDENTIAL DISABILITY PARKING SPACE AT 130 SCHWARTZ STREET. (MS. MCABEE)
Motion was made by Councilmember Dalrymple, second by Councilmember DeMasis. The motion passed by majority, 7/0
Ordinance No. 1504: (Second Reading) AMENDMENT NO. 657 TO THE TRAFFIC CONTROL MAP OF THE CITY OF WEIRTON TO ESTABLISH A DEDICATED RESIDENTIAL DISABILITY PARKING SPACE ON CROPPER STREET FOR THE RESIDENT AT 234 SCHOOL STREET. (MS. YEATER)
Motion was made by Councilmember Dalrymple, second by Councilmember DeMasis. The motion passed by majority, 7/0
Ordinance No. 1505: (Second Reading) AMENDMENT NO. 658 TO THE TRAFFIC CONTROL MAP OF THE CITY OF WEIRTON TO ESTABLISH A NO PARKING ZONE AT THE CURVE ON POWERS ROAD; ON THE EAST SIDE OF POWERS ROAD IN FRONT OF THE 134 POWERS ROAD PROPERTY.
Motion was made by Councilmember H. Miller, second by Councilmember DeMasis. The motion passed by majority, 7/0.
Ordinance No.: (Tabled September 12, 2006) AMENDING THE TRAFFIC CONTROL MAP OF THE CITY OF WEIRTON TO ESTABLISH A NO PARKING ZONE ON THREE SPRINGS WAY ON THE NORTH AND SOUTH SIDES FROM ITS INTERSECTION WITH THREE SPRINGS DRIVE TO ITS INTERSECTION WITH AMERIHOST DRIVE.
Motion to remove the ordinance from the table was made by Councilmember Moore, second by Councilmember Kondik. The motion passed by majority, 7/0.
Motion to accept the ordinance was made by Councilmember Moore, second by Councilmember J. Miller.
Councilmember Moore commented, “The concern I have here is actually the operation of the large ladder truck the city has. If there were a fire at the facility, we would have to have the large ladder truck’s access to that facility. In that kind of emergency we couldn’t afford to have any type of delay at all. So, the risk of parking on that street may delay the emergency vehicle from accessing the facility is not worth the convenience of having that parking available in my opinion.”
The motion passed by majority, 6/1, with Councilmember Dalrymple voting against.
Ordinance No.: (Tabled September 12, 2006) AMENDING THE TRAFFIC CONTROL MAP OF THE CITY OF WEIRTON TO ESTABLISH A NO PARKING ZONE ON AMERIHOST DRIVE ON THE WEST AND EAST SIDES FROM THREE SPRINGS WAY TO THE EDGE OF THE CUL DE SAC, EXCLUDING THE CUL DE SAC OUTSIDE OF THE AMERIHOST INN.
Motion to remove the ordinance from the table was made by Councilmember Moore, second by Councilmember Kondik. The motion passed by majority, 7/0.
Motion to accept the ordinance was made by Councilmember Moore, second by Councilmember Kondik.
The motion passed by majority, 6/1, with Councilmember Dalrymple voting against.
NEW BUSINESS
Ordinance No.: (First Reading) ENACTING AND ADOPTING A SUPPLEMENT TO THE CODE OF ORDINANCES FOR THE CITY OF WEIRTON.
Motion was made by Councilmember Moore, second by Councilmember Veltri. The motion passed by majority, 7/0
Resolution: TO ENTER INTO CONTRACT FOR THE PURCHASE OF SELF CONTAINED BREATHING APPARATUSES AND EQUPMENT FOR THE WEIRTON FIRE DEPARTMENT UTILIZING HANCOCK COUNTY VIDEO LOTTERY FUNDS.
Motion was made by Councilmember DeMasis, second by Councilmember Veltri. The motion passed by majority, 7/0
Ordinance No.: (First Reading) AMENDING THE TEXT OF THE UNIFIED DEVELOPMENT ORDINANCE AS RECOMMENDED BY THE WEIRTON PLANNING COMMISSION.
Motion was made by Councilmember Kondik, second by Councilmember Moore. The motion passed by majority, 7/0
Ordinance No.: (First Reading) AMENDING THE TEXT OF THE UNIFIED DEVELOPMENT ORDINANCE SECTION 13.12 (PARKING) EXEMPTIONS AND ADJUSTMENTS.
Motion was made by Councilmember Moore, second by Councilmember DeMasis.
Motion to amend the ordinance was made by Councilmember Moore.
Councilmember Moore commented, “Following the letter “B” in the proposed amendment,
…voluntary land transfer in the interests of public streets, sidewalks, highways and utility installations…
I’d like to delete what followed that, and in its place, amend it to read,
…the land acquisition results in the existing use being unable to meet current parking standards; the use shall be deemed an existing non-conforming use and shall be regulated by article 8. In addition, the future parking requirements for any change to another permitted land use for the zoning district shall be based on the parking spaces existing at the time of the acquisition. This credit for the lost parking spaces from the acquisition shall not exceed 20% of the new total parking requirement. The burden of proof and documentation thereof of the total number of existing parking spaces shall rest upon the owner of the property being transferred and shall be submitted to the city at the time of conveyance…
Second to amend the ordinance was made by Councilmember H. Miller.
Roll Call Vote:
Councilmember DeMasis Yes Councilmember H. Miller Yes Councilmember Moore Yes Councilmember J. Miller Yes Councilmember Dalrymple No Councilmember Veltri No Councilmember Kondik No
The motion to amend the ordinance passed by majority, 4/3.
Councilmember Kondik commented, “Because of the confusion and the comments that we’ve herd in the pre-meeting and the outcry of some of the citizens, I’m asking Council to table this for 30 days. I’d like to make that in the form of a motion.”
Councilmember Moore commented, “You used citizens as plural.”
Councilmember Kondik commented, “Correct. Well, outside Council chambers, as well as Council chambers, I’ve received several outcries to have this tabled for another 30 days, and I’m asking Council to put this on the table for 30 days.”
Motion to table the ordinance as amended for 30 days was made by Councilmember Kondik, second by Councilmember Dalrymple.
The motion to table the ordinance passed by majority, 5/2, with Councilmember DeMasis and Councilmember voting against.
Ordinance No.: (First Reading) TO AMEND THE ZONING MAP OF THE UNIFIED DEVELOPMENT ORDINANCE OF A CERTAIN PARCEL LOCATED AT 3218 WEIR AVENUE.
Motion was made by Councilmember J. Miller, second by Councilmember Dalrymple.
Councilmember Veltri commented, “From what I see here, Mayor, I think we should give this young man here a chance to open up a business here in Weirton, cause I don’t see too many people coming to Weirton opening another door here cause they want to open up a business. As the other two Councilmen here said, they’ve seen the place. They visited. He’s cleaning it up. He’s doing a lot of work over there. I think we should give the benefit of the doubt for him to start working over there, and I hope him well. So, I’m asking for some support here.”
Mayor Miller thanked Councilmember Veltri.
Councilmember Moore commented, “And, this is my concern, and clearly, nothing against his endeavor. It’s where his endeavor is. It’s in a residential neighborhood. And, if this passes, there are 79 permitted uses that can go on that parcel, forever. And, heaven forbid, it doesn’t work out. But, if he sold that parcel, there are 79, it is now C-2, there are 79 permitted uses in C-2 that can go on that parcel, that we have no comment on. Zoning has no comment on it. Planning has no comment on it. Council has no comment on it. Because, it’s now C-2. His use may be fine, great, appropriate, no problem, but these other 78 possible permitted uses for that property. You’re putting an island of commercial property in a sea of residential. And, when we look at his project, and say, gee, that’s great. It’s something that really looks like we’d like to have it. What if. And, I think that we’re here to protect those residents just like they’re residents of Marland Heights or just like they’re residents of Angeline Estates. Those residents, those people who have homes there, who I’m sure are supporting him, and I’m not saying I’m not supporting him. My fear is those other 78 permitted uses that now we open that property up, and the precedent we set by placing commercial uses in the middle of residential areas and then using all control of them. And, that’s, I mean, I’ve given each of the Councilmen a list of all of the permitted uses that C-2 brings with it. And, that’s my great fear. It’s those other 78 permitted uses that could go on that property now if it is passed and rezoned as commercial.”
Councilmember Dalrymple commented, “My only thing is, I understand where Councilman Moore is coming from, and he brings a valid argument today. The location of the property is in a residential area. However, you can throw a rock from the driveway and hit the mill. It’s not like its dead center in the middle of a residential area on Weirton Heights. It’s pretty close to an industrial zone area. There’s really nothing else that’s going to go into this business as it stands right now. It’s a garage, and yes, they could demolish it and make something else there. That’s true. But, I’m putting my faith in that business becoming fruitful and I support changing it to C-2 and I ask my fellow Councilmen to do the same.”
Councilmember Kondik commented, “I also understand, Mayor, that it’s been a garage for 30-some years before that.”
Mayor Miller commented, “That is correct.”
Councilmember Kondik commented, “And, I understand that the residents today have no problems with it. Is that right Mr. Miller?”
Councilmember J. Miller commented, “That’s absolutely correct.”
Councilmember Kondik commented, “Thank you.”
Councilmember Moore commented, “You are not getting the big picture, George.”
Councilmember Kondik commented, “I am getting the big picture.”
(Crosstalk)
Mayor Miller commented, “Gentleman, we all have our own opinion.”
Councilmember H. Miller commented, “Just a brief comment. I will abstain from vote on this pending legal action against my business and the zoning board. But, I congratulate you on trying to open a business. I understand the problems you are having. I understand…”
Councilmember Moore commented, “I’m not against the business…”
Councilmember H. Miller commented, “I know. No. No. Really. Let’s go back to last spring on Cross Street when a piece, a business was zoned C-1, a residential, and the business that they thought was going to go in that little house on Cross Street didn’t go in that little house. So, it’s the same can of worms. That piece of property is now rezoned to C-1. You can put anything that falls into the C-1 category. There’s probably an answer to this situation that should come out of the zoning ordinance, a conditional use of some kind in that area. We should investigate. But, I will be abstaining from the vote because of legal action that I’m involved in.”
Mayor Miller thanked Councilmember H. Miller.
Councilmember J. Miller commented, “I understand where Councilman Moore is coming from. He’s right. There are 78 other things. But, just as Councilman Dalrymple, and after visiting with Mr. Spencer yesterday and talking with him and going through there and seeing some of the people around there to help him out. I’m definitely for Mr. Spencer getting a chance. And I agree with you, that there’s always a possibility…”
Councilmember Moore commented, “What is this about Mr. Spencer getting a chance? We’re talking about commercial utilization of residential property.”
Councilmember Dalrymple commented, “…that’s located a stones throw away from…”
Mayor Miller commented, “OK. The motion has been made and seconded.”
The motion passed by majority, 4/2/1, with Councilmember Moore and Councilmember DeMasis voting against and Councilmember H. Miller abstaining.
Ordinance No.: (First Reading) TO AMEND THE ZONING MAP OF THE UNIFIED DEVELOPMENT ORDINANCE OF CERTAIN PARCELS LOCATED AT 3324-3325 PENNSYLVANIA AVENUE.
Motion was made by Councilmember Moore, second by Councilmember Veltri. The motion passed by majority, 7/0
Resolution: TO APPROVE A CHANGE ORDER FOR LEGISLATIVE DIGEST FUNDS TO START PRELIMINARY WORK FOR A CONCESSION STAND AT E. J. BOWMAN FIELD.
Motion was made by Councilmember Moore, second by Councilmember DeMasis. The motion passed by majority, 7/0
Resolution: TO APPROVE A CHANGE ORDER FOR LEGISLATIVE DIGEST FUNDS TO START PRELIMINARY WORK FOR A CONCESSION STAND AT E. J. BOWMAN FIELD.
Motion was made by Councilmember J. Miller, second by Councilmember Veltri. The motion passed by majority, 7/0
Resolution: TO AUTHORIZE THE CITY MANAGER TO ENTER INTO CONTRACT FOR THE PREPARATION OF A REDEVELOPMENT PLAN FOR A CERTIFIED SLUM AND BLIGHTED AREA IN THE CITY OF WEIRTON.
Motion was made by Councilmember Moore, second by Councilmember DeMasis. The motion passed by majority, 7/0
Resolution: TO AUTHORIZE THE CITY MANAGER TO ENTER INTO CONTRACT FOR ARCHITECTURAL SERVICES FOR RENOVATIONS TO THE MILLSOP COMMUNITY CENTER.
Motion was made by Councilmember Kondik, second by Councilmember J. Miller. The motion passed by majority, 7/0
Resolution: TO AUTHORIZE THE CITY OF WEIRTON TO FILE A PROTEST WITH THE PUBLIC SERVICE COMMISSION AGAINST RATE INCREASE BEING PROPOSED BY ALLEGHENY POWER.
Motion was made by Councilmember J. Miller, second by Councilmember Veltri.
Councilmember Kondik commented, “How do we find out if this gets to be heard or if anybody’s going to pay attention to this?
Mayor Miller commented, “You file with the…”
Councilmember Kondik commented, “We’re filing this tomorrow, right? We’re going to file the claim. And, then where does it go? What’s our course after we say that we’re…?”
Mayor Miller commented, “PSC.”
Councilmember Kondik commented, “And then what?”
Mayor Miller commented, “They have to include it in their hearing, Councilman. And for the general public’s information, when you go into the energy source, starting the year 2003 until now, the price of natural gas has more than doubled. It was $7.03 then, in 2003. Today, it’s $15.50 per thousand. How can people with fixed incomes heat their homes and what not and I think we ought to dedicate ourselves to trying to contain the cost of these for our senior citizens.”
Councilmember Kondik commented, “I think my point is, Mayor, is the last Council did the same thing with the rate increase, but it got nowhere. Nothing happened. You know. I like to pursue it. I like to find out anything.”
Councilmember Moore commented, “It’s up to the PSC. The PSC holds the hearing. This is part of the public comment of the hearing. Now, if PSC decides they’re going to rubber stamp every request that comes down the pike, which I believe has been their history…”
Mayor Miller commented, “That is correct.”
Councilmember Moore commented, “But, all we can do is, as a governing body, and as representative of the public is voice our displeasure. Now, they are holding, I believe, a public hearing in the City building, as I understand.”
Councilmember Kondik commented, “Well, we should be there then, as a Council.”
Councilmember Moore commented, “I would think so.”
Mr. Yeager commented, “And, so should citizens. Because the reason this happens, because the reason these organizations like Allegheny Power and the Public Service Commission seem to be working hand in hand is because nobody interferes. You might go to that meeting and find that there’s no private citizen there saying, ‘You know what. I’m going to have choose between eating and paying my gas bill.’”
Councilmember Kondik commented, “Well, I’d suggest the City Manager to let us know about when the meetings are. I mean, publish it in the paper and have us attend.”
Mr. Yeager commented, “It’ll be published as a legal notice I believe.”
Councilmember Dalrymple commented, “Other than the legal ad. Besides the legal ad, because a lot of people don’t read the legal ad even thought that’s where it’s all happening in this town.”
Councilmember Moore commented, “I received a post card because I am a consumer of that utility. (Unintelligible) The only problem is they never give me any reasons why they need 11.4% or 12.8% for commercial. They just say they need it.”
Mayor Miller commented, “I think that’s the clue to what the questions that we have to ask. Why do you need it? Natural gas today, there is more natural gas available than there has been for the last 15 years. Essentially, I cannot see how somebody has doubled the cost of the energy source that we have to use. So, both of them, we just need to try to protect our citizens.”
The motion passed by majority, 7/0
Ordinance No. NEW: (First Reading) AMENDMENT NO. TO THE TRAFFIC CONTROL MAP OF THE CITY OF WEIRTON TO ESTABLISH A NO PARKING ZONE ON OWINGS STREET ON THE NORTH SIDE FROM ITS INTERSECTION WITH NORTH 12TH STREET TO ITS INTERSECTION WITH NORTH 11TH STREET SPECIFICALLY FOR A TOTAL LENGTH OF 130 FEET BEGINNING AT THE EDGE OF THE CURRENT NO PARKING ZONE ON OWINGS STREET AT ITS INTERSECTION WITH NORTH 12TH STREET.
Motion was made by Councilmember J. Miller, second by Councilmember H. Miller. The motion passed by majority, 7/0.
APPOINTMENTS TO VARIOUS BOARDS AND COMMISSIONS
CITZENS WITH DISABILITIES COMMISSION:
Councilmember Harold Miller 112 Veltri Street Term: June 1, 2006 to May 30, 2009
Motion was made by Councilmember Kondik, second by Councilmember Veltri. The motion passed by majority, 6/0, with Councilmember Dalrymple abstaining as he is on the board.
WEIRTON MUNICIPAL HOSPITAL BOARD:
Art Miser 3641 Riverview Drive Term: June 1, 2006 to May 30, 2010 (Replacing the un-expired term of William S. Gallagher)
Motion was made by Councilmember Kondik, second by Councilmember J. Miller. The motion passed by majority, 7/0
ADMINISTRATIVE REPORTS
Chief Scott commented, “Nothing additional sir.”
Chief Cole commented, “Nothing to report.”
Mr. Mastrantoni commented, “I just wanted to alert the Councilmen that the Belleview Tank Project is coming along quite well. We’re on our fourth lift. There was a concrete pour scheduled for this afternoon. As a result of our meeting with the PSC, I didn’t get the chance to get there for it, but I assume because I didn’t hear anything to the contrary, that the pour went well. So, the tank has got maybe another 10 pours on the pedestal before we get to the bowl. But, the residents in the area should be seeing the crane covered up with concrete as they continue to raise the lifts.”
Mayor Miller commented, “And, when is the projected completion date?”
Mr. Mastrantoni commented, “The projected completion date for the concrete is the end of November. The company is going to shut down and come back in the spring and erect the bowl and hoist it up to the top. So, concrete work and the concrete dome will be finished by the end of November.”
Mayor Miller thanked Mr. Mastrantoni.
Mr. Rosnick commented, “Nothing additional to ad.”
Mr. Weigel commented, “I’d just like to thank all of you for being at the park board, for your time and attention.”
Mr. Rekowski commented, “Nothing to report.”
Mr. Brown commented, “Nothing to add Mayor.”
Councilmember Moore commented, “John, I have a question. In our report is says the sweeping schedule has been implemented and is presently in effect. But, I only show we swept 7 streets last month.”
Mr. Brown commented, “Due to sickness and vacation time, I have to use the operators to join the patch crew. So, on and off we have a sweeper on night turn around the clock, and I assigned him there. And, the other sweeper is with the patch crew.”
Councilmember Moore commented, “So, both of our sweepers are operational?”
Mr. Brown commented, “Pardon me?”
Councilmember Moore commented, “Both of our sweepers are operational?”
Mr. Brown commented, “Yes.”
Councilmember Moore commented, “Maybe you can get us exactly where we are in that schedule.”
Mr. Brown commented, “Yes, I can.”
Councilmember Moore commented, “I appreciate that. Thank you.”
Councilmember Dalrymple commented, “John, did everybody show up today to work on South 11th Street?”
Mr. Brown commented, “Yes.”
Councilmember Dalrymple commented, “So, the project has started on time?”
Mr. Brown commented, “Yes. Brae took care of that first thing.”
Councilmember Dalrymple commented, “Hopefully, it will finish on time.”
Mr. Brown commented, “The job should…we’re hoping by the middle of December.”
Mayor Miller commented, “The middle of what?”
Mr. Brown commented, “December, 06.”
Councilmember Dalrymple commented, “06?”
Mr. Brown commented, “06.”
(Laughter)
Mayor Miller commented, “I was just making sure. Thank you John.”
TREASURER’S REPORT
Valarie Means gave the treasurer’s report for September 2006, stating:
Beginning Cash Balance: 784,334.31 Interest: 727.16 Deposits: 3,262,969.36 Disbursements: 1,484,741.32 Ending Cash Balance: 2,563,289.51 Investment Balance: 1,462,975.85 Petty Cash Fund: 700.00 Total Cash and Investments Available: 4,026,965.36
Ms. Means commented, “The bills total $7,813.28.”
Motion was made by Councilmember DeMasis to accept the financial reports, to pay the bills and to accept the department reports, second by Councilmember Veltri. Motion was carried by majority, 7/0.
ADJOURNMENT
With no further business before this October 10, 2006 regular session of the Weirton City Council the meeting was adjourned after the closing prayer.
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