WEIRTON CITY COUNCIL
COUNCIL MEETING - REGULAR
TUESDAY, NOVEMBER 13, 2007 6:00 P. M.
A regular meeting of the Common Council of the City of Weirton, Hancock and Brooke Counties, West Virginia was held on Tuesday, November 13, 2007 at 6:00 P.M. in Council Chambers of the City of Weirton Municipal Building.
Mayor Harris called the meeting to order.
Councilmembers in Attendance: George Ash Councilmember Ward 4 Ronnie Jones Councilmember Ward 1 Fred Marsh Councilmember Ward 3 Harold Miller Councilmember Ward 2 David Dalrymple Councilmember Ward 6 Max Fijewski Councilmember Ward 7 George Kondik Councilmember Ward 5
City Officials in Attendance: John Brown Public Works Director 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 Jim McHenry UDO Administrator 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 Jones to approve the minutes of the: October 09, 2007 – Regular Council Meeting The motion carried, 7/0.
A motion was made by Councilmember Ash and second by Councilmember Marsh to approve the minutes of the:October 16, 2007 – Special Council Meeting The motion carried, 7/0.
MAYOR’S AWARDS AND PROCLAMATIONS
Mayor Harris commented, “Can I see Morgan Finton please? Hello. How you doing? Morgan has received his Eagle Scout.
In grateful recognition of your outstanding qualities of leadership and dedication by earning your Eagle Scout. Your accomplishment and achievement deserves special recognition and this award. I deem it an honor and a privilege to present you with this Mayor’s Award.”
APPLAUSE
Mayor Harris commented, “At this time would you like to say a few words on how you got the Eagle Scout? Thank you.”
Mr. Finton commented, “A few years ago, down at Starvaggi’s, the Volleyball Court, it needed a lot of maintenance, plus Bocce Ball. So, I decided to go and install bocce ball courts on top of the volleyball court, rather than taking it all down. Two bocce ball courts, about 64 foot long and 10 foot wide, rails, the sand, and 40 tons of gravel went in it. A lot of work and it was successful, and it took about three months to build all through monetary donations from the city. That’s about it.”
APPLAUSE
Mayor Harris commented, “Morgan, if you’re around at 7:00, Gio’s running late, so we’d like to get your picture also for the newspaper. That’d be great. If not we’ll send it in. Your mother took a picture. Right? Thank you.”
COMMUNICATIONS
Councilmember Kondik commented, “We have a young lady in the audience, Michaline Larch. Would you get to the podium and explain to us why you’re here?”
Ms. Larch commented, “Hi. I’m Michaline. I’m a poly-sci major, and I’m going into law. And, for my American Political Process class I had to come to a public meeting of my choice. So, I’m here to listen.”
Mayor Harris commented, “You picked a good one. Thank you.”
Ms. Larch commented, “Thanks.”
Councilmember Ash commented, “Mayor, under communications I have a couple of signature here that were brought to my house. And, I’m going to give them to the two members of the Park Board from Council, so they can present it to the Park Board. ‘We, the undersigned object to the movement of the war memorial from the front of the Millsop Community Center and any change in the name of the Millsop Community Center.’ So, I’d like to give these to Councilman Jones and Councilman Fijewski, and you guys can deal with reading at the Park Board.”
CITIZEN COMMENTS
Mr. Bruce Costello 90 Seneca Street, Weirton, WV: Re: Hydronic Heaters Mr. Costello commented, “Hello, my name is Bruce Costello and I reside at 90 Seneca Street. I’ve been a resident of Weirton for fifty-five years. Until now I have never needed to address Council, but and issue has arisen that I believe needs to be addressed by the City immediately. Last year my neighbor, Jamie Jordan, installed a hydronic heater. This is the second winter for this unit. This heater sits outside and uses wood to heat water, which in turn travels into his house. The smoldering wood produces a lot of smoke which on certain occasions, three times this past week, travels into my yard, and the odor is present inside our house. If you go into my back yard, it causes coughing and eye irritation. I believe this is not only a nuisance, but a serious health issue. I have asthma and my wife Cheryl has rheumatic lung disease. I would like to know if a permit was obtained to install this. And, if so, why no precautions for my family’s health were taken into consideration. There are about two hundred thousand of these hydronic heaters in use across the U. S., and cities have taken steps to see the problems I’ve encountered are remedied. I have printed some information from the E.P.A. and NASCOM, the Northeast States Coordinated Air Use Management for you to read. I believe this heater needs to be taken out of service until it can be operated without jeopardizing the health and lifestyle of my family. Thank you for listening to my case.”
Councilmember Miller commented, “While Bruce is passing this out, I’d like to make note that about five weeks ago his wife Cheryl contacted me. And, we did have the Inspections Department visit and inspect this unit and get information on the manufacturer’s specifications, and if there’s any ordinance or codes that are in violation. I talked to Rod this morning and he said there is a report being prepared by John, I believe, and forwarded on to me. But, at this time, I think he’s out of town right now.”
Mr. Gurrera commented, “He is out of town. I spoke to him about this issue, also. And, he said he’ll get back to Gary. He’s going to set up (unintelligible).”
Councilmember Miller commented, “I spoke with Cheryl again just two nights ago, and I said we were waiting for this report to see because these things are popping up all over the country. It could be a health hazard. And, I think the next step would be to talk the E.P.A. if possible. But, I don’t know if the stack’s not high enough or whatever, but this…”
Mayor Harris commented, “At this…I also talked to Rod before he left today to find out exactly. I wanted to get an answer for you tonight. And, what he said to me before, I don’t have the reports in front of me, but what he did say was that they didn’t violate any codes of the city. So, we do need to take a look at that. And, he also said that we need to go with the E.P.A. and make sure that we can maybe get something done that way. Because, right now, the way it’s set up, it doesn’t look like they broke any codes.”
Mr. Costello commented, “Was a permit…”
Mayor Harris commented, “That, they could not answer, and I asked them. They couldn’t find the permit. The owner said it was four years. You said, of course, it was two. So, there’s some more research to do. But, we will talk about the issue.”
Chris Powell 237 Pennsylvania Avenue, Colliers, WV: Re: Casino/Hotel Mr. Powell commented, “Good afternoon. My name is Chris Powell. I live down on Pennsylvania Avenue in Colliers. Within the last month I found out about the proposed establishment for the casino/hotel. My question was the ground proposed for this is in the middle of a very large lawsuit about ground contamination, water contamination. Some people I know that are involved in this, their properties have been frozed to where they cannot do anything as far as selling of doing anything like that. I’m just curious as to how DESCO is selling this property that somebody could use for something like that, and how they can use it with all the contamination that is present.”
Mayor Harris commented, “At this time, I don’t know anybody that’s interested in the, in that land. And, I can state for myself, I don’t want any table gaming in the City of Weirton or Colliers. So, that’s, George Ash is sponsoring an ordinance on this issue.”
Councilmember Ash commented, “A couple of them. One is the…there’s also going to be an ordinance that’s going to come at a later date that (unintelligible) going to be putting in, and I believe the Mayor, it’s going to be a four or five thousand feet from a church, school, or a place like that. The second thing is you need to know, the State of West Virginia does not allow table games in the city limits. At one time, they did not allow LVLs in the city limits. However, they changed it so non-profit organizations could get the LVLs. Then they changed the law to where anyone can get the LVLs, to support the maximum amount of LVLs. So, all this ordinance is is a stop gap to say we don’t want table gaming at all in the city limits. We don’t want it anywhere. However, if the state does allow it to come in, that area would be designated for it. However, because of the square, because of the footage that’s going to be put in at a later date, it might not happen anyhow. There’s no, we don’t, I don’t anything about any lawsuits, so if there’s something else going out there that’s going on, I don’t know anything about it. But, I think you need to understand, I’m hoping you’ll understand that the intent of this is to stop it before it gets out of hand. And, that’s all this is, if it ever comes about. The state may never allow it, and if they never allow it, this ordinance is mute. It makes no difference what we do here.”
Councilmember Marsh commented, “One of the biggest misconceptions down there, cause it’s my ward and the phone has rung. Nobody is in negotiation for that piece of land. OK. The only thing that is happening here and it’s not going to happen tonight, is that we’re designating an area that, should the state change their mind, this is where we have to go. But, they have a lot of hurdles to get through to get there. OK. Do I ever see it happening? No. OK. But, we have to have some type of an area to put it in and say here’s your area. If you want it, negotiate it. You and I both know what the story is on that property. OK. I appreciate your concern, and we’re doing everything we can to address the whole gamut.”
Mr. Powell commented, “I thank you.”
Mayor Harris commented, “Thank you.”
Mr. Craig Greathouse 241 Miami Avenue, Weirton, WV: Re: Gaming Mr. Greathouse commented, “Good evening. As a minister in the City of Weirton and also a member of the Weirton Ministerial Association, I just came tonight to encourage the City Council to accept the Planning Commission about the M-1 Zone. I’m very thankful that you’re taking some preemptive activities and action toward keeping table gaming out of the city if indeed the state would allow it at a later date. And, I just want to thank you very much for that and would recommend that you do accept it.”
Councilmember Kondik commented, “Reverend, if I could make a comment. I was going to make a comment a little bit earlier. I’m going to vote against it because I want no table gaming. I want us to tell our legislatures and our house of delegates and our governor that we want nothing. We don’t want a zone for table gaming. We want absolutely nothing, zero, zippo. That’s why I’m going to vote against this. I don’t want some place to be designated for gaming, because the amount of money that they could put to restore that land to do whatever they want to do. I don’t want no band aids. I want absolutely nothing, zero, zippo.”
Mr. Greathouse commented, “And, I understand where you’re coming from, and I know that as Councilman Ash just said that it was also illegal for the LVLs to be in the city and all these other things and how they made those hurdles. So, I do make a recommendation that we do just as a preemptive and then we can go ahead and ask the state. We don’t want any, but by chance that you would, we want to make sure it doesn’t enter into the city. But, I appreciate your statements. I thank you.”
Councilmember Ash commented, “One last comment Mayor if I could. The State of West Virginia, and I think we all know this, does not allow us to zone out businesses. It does not allow us to do that. So, if we say you will not have a table gaming establishment in the City of Weirton, that’s against state law. We all know that. So, we can set here and grandstand about it, but it comes down to the fact that we know that we have to do it if they allow it to come. We cannot exempt it.”
Councilmember Kondik commented, “Councilman Ash, and I’m not grandstanding. I’m just making a statement. I’ve always felt this way about LVLs whenever they wanted to make the Half Moon a district for gaming. I fought it then, and I’m going to fight it again now.”
Mayor Harris commented, “Thank you.”
Ms. Byers-Pepper commented, “Jodie wanted to make a statement to you, but since you started so much earlier than normal, she isn’t here yet. Jodi Kraina.”
Mayor Harris commented, “Well we’re going to take comments from the people who are arrived here now. Is there anybody else that needed to make a comment? Nick.”
Mr. Nick Cosenza Weirton, WV 26062: Re: Towing Mr. Cosenza commented, “I own a business in Weirton, and I’d like to get a thing passed that everybody got to be on a equal and fair paying the same thing, having the same employees, paying the West Virginia taxes, West Virginia plates, have the insurance, have people there to release cars in a timely manner. I’ve been fighting this for about ten years now. I’d like to see if we can do something about it. It’s just that I think it’s unfair. I got six employees. I got trucks titled. I’m paying West Virginia taxes. I got two businesses in West Virginia. And, I think that something needs to be done about these issues.”
Mr. Gurrera commented, “Which number is that? Do you know?”
Mr. Cosenza commented, “Pardon me?”
Mr. Gurrera commented, “Is that the towing issue?”
Mr. Cosenza commented, “Yes. It’s the towing issue.”
Councilmember Miller commented, “Nick, can I ask you a question?”
Mr. Cosenza commented, “Yes, sir.”
Councilmember Miller commented, “In all I understand there’s three towing companies.”
Mr. Cosenza commented, “Yes, sir.”
Councilmember Miller commented, “Do all three have like equipment?”
Mr. Cosenza commented, “No. No, sir.”
Councilmember Miller commented, “So…”
Mr. Cosenza commented, “One, one place calls me, and he charges a fee for a phone call. The other place calls another guy from out of town, and they wait for a wrecker to get here.”
Councilmember Miller commented, “So, if one doesn’t have the heavy equipment needed, what does he do when it’s his turn in the rotation?”
Mr. Cosenza commented, “Calls me.”
Councilmember Miller commented, “He leases your equipment?”
Mr. Cosenza commented, “Well, he don’t lease it. He calls me. Then he adds a fee on my bill to make it as feasible for him.”
Mayor Harris commented, “I have a question for you with that same thing. When I talked to you before, if a gentleman tows that vehicle or is called out for a tow, and that vehicle usually gets a thousand dollar tow, a coil falls over and the truck. And, then somebody on call, the next call, and they don’t have the right piece of equipment, is it true that they don’t, that they do tack on an extra fee for calling you out?”
Mr. Cosenza commented, “Yes.”
Mayor Harris commented, “So, that citizen gets hit twice for the same vehicle.”
Mr. Cosenza commented, “Yes. Yes.”
Mayor Harris commented, “Thank you.”
Mr. Cosenza commented, “OK.”
Councilmember Fijewski commented, “Is there a requirement before one is licensed to perform towing that they have equipment to do all purpose?”
Mr. Cosenza commented, “The city usually sets the requirements and says that’s what you need to do it. Pennsylvania does it. Ohio does it. I heard Wheeling does it. Weirton is just, I don’t know. It’s just never an issue in Weirton. It has Pennsylvania plates on one, the competitor’s trucks. They don’t pay no West Virginia taxes on the big truck. I don’t know what the taxes is, but it’s a three hundred thousand dollar truck, and they’re not paying no West Virginia because it’s plated in West, you know, Pennsylvania. They don’t have no West Virginia employees. Everybody’s paid out of Pennsylvania. The other wrecker service, he calls me and tacks on the fee. You cannot get your cars from either one of them between nine to five. You gotta call and make arrangements and get them either tomorrow or the next day which is costing you storage. I don’t think that’s fair. And, I’d just like everything on a equal playing ground, you know. Let’s have a set of rules and say this is what we’re going to follow, and that’s what we follow.”
Mr. DuFour commented, “Mayor, if I could, on the agenda I’ve requested an item for an executive session to discuss personnel. I would like to ask permission of Council to go into executive session at this point.”
Motion to convene into executive session was made by Councilmember Ash, second by Councilmember Marsh. The motion passed by majority, 7/0.
Motion to reconvene the meeting of City Council was made by Councilmember Ash, second by Councilmember Jones. The motion passed by majority, 7/0.
OLD BUSINESSOrdinance No. 1547 Amendment No. 668 TO THE TRAFFIC CONTROL MAP ORDINANCE No. 214 OF THE CITY OF WEIRTON – RESCINDING ORDINANCE 1459 WHICH ESTABLISHED HANDICAPPED PARKING SPACE AT 3634 LINDBERG WAY. Motion was made by Councilmember Ash, second by Councilmember Miller. The motion passed by majority, 7/0.
NEW BUSINESSResolution TO ENTER INTO CONTRACT FOR TREE REMOVAL SERVICES FOR A TREE LOCATED IN THE ALLEY BETWEEN THE 4100 BLOCK OF LABELLE AVENUE AND BROOKE STREET. Motion was made by Councilmember Ash, second by Councilmember Jones.
Councilmember Dalrymple commented, “I have a comment on that Mayor. Is this tree located on private property? Does anybody know that?”
Councilmember Ash commented, “It’s hanging over the public property.”
Councilmember Dalrymple commented, “It’s hanging over the property …”
Councilmember Ash commented, “It’s hanging over an alley. It’s hanging over the alley.
Councilmember Dalrymple commented, “OK. But, the actual trunk, where they’re going to cut it. It’s on public property?”
Councilmember Ash commented, “Yes. I believe it is.”
Mr. DuFour commented, “It is public (unintelligible)…”
The motion passed by majority, 7/0.
Resolution RESOLUTION TO ENTER INTO CONTRACT FOR THE RENEWAL OF HEALTH INSURANCE COVERAGE FOR THE CITY OF WEIRTON EMPLOYEES. Motion was made by Councilmember Fijewski, second by Councilmember Ash.
Councilmember Fijewski commented, “I have a comment. Council may recall several weeks ago the City Manager solicited anyone who wanted to take a look at the health insurance proposals that he would be happy to provide to us. So, I took him up on the offer. And, as some of you may know, that is an area I spent a lot of time in. And, I reviewed that proposal or proposals in detail. And, both Gary and Valerie and whoever else may have worked on it, they did an outstanding job. For, in today’s day and age, for a healthcare to be renewed at a minus two percent of last years premium is unheard of. So, just for the sake of my fellow council people, I want you to know that, from my perspective, the two really, they did a great job on it, and I think it’s an outstanding policy for our employees which they deserve. And, I would encourage council to consider it favorably. Thank you.”
Councilmember Kondik commented, “This was an item in Finance Committee that we did approve.”
The motion passed by majority, 7/0.
Resolution TO ENTER INTO CONTRACT FOR AUDIT SERVICES FOR THE RENEWAL OF VISION COVERAGE BENEFITS FOR THE CITY OF WEIRTON EMPLOYEES. Motion was made by Councilmember Ash, second by Councilmember Miller. The motion passed by majority, 7/0.
Resolution TO NAME CONFERENCE ROOM 206 OF THE WEIRTON MUNICIPAL BUILDING IN HONOR OF THE BUS CRASH VICTIMS OF APRIL 29, 1951. Motion was made by Councilmember Fijewski, second by Councilmember Miller.
Councilmember Fijewski commented, “I’d like to make one comment. This is something that was brought to my attention. I wish I could take credit for it, but I really can’t. Dan Guida and I had a conversation. This is something that it turns out that three members of my immediate family were on that bus, in that crash. My wife, my mother in law who is deceased, and my sister in law. But, I think this thing is really overdue, and I want to give him credit for thinking about it, and I think it is something that we should take very seriously, and I’d hope Council would give it due consideration. Thank you.”
Councilmember Marsh commented, “What is the name going to be?”
Councilmember Fijewski commented, “No name, because we haven’t been smart enough to get a good name yet. So, we’re just looking at this time to, is that, I don’t want to misspeak Mayor, but we’re looking to have a dedication of the room, a plaque placed in there, memorabilia placed in that room. And, if someone smarter than I can come up with a good name for it then we’ll come back to you with it. But, I think it’s overdue. Thank you.”
The motion passed by majority, 7/0.
Resolution TO ENTER INTO CONTRACT FOR THE PURCHASE OF THREE (3) IN-CAR VIDEO SYSTEMS FOR THE WEIRTON POLICE DEPARTMENT UTILIZING STATE CONTRACT PRICING. Motion was made by Councilmember Kondik, second by Councilmember Marsh. The motion passed by majority, 7/0.
Ordinance No. NEW AMENDING ARTICLE 9 OF THE UNIFIED DEVELOPMENT ORDINANCE (UDO) REGARDING M-1 ESTABLISHMENT AND INTENT OF ZONING DISTRICTS AS RECOMMENDED BY THE WEIRTON PLANNING COMMISSION. Motion was made by Councilmember Ash, second by Councilmember Miller.
Councilmember Kondik commented, “Would you refer to my comments earlier Mayor?”
Mayor Harris commented, “Excuse me.”
Councilmember Kondik commented, “Refer to my comments earlier.”
Councilmember Ash requested a roll call vote.
Mayor Harris requested a roll call vote.
ROLL CALL
Councilmember Kondik No Councilmember Fijewski Yes Councilmember Dalrymple Yes Councilmember Miller Yes Councilmember Marsh Yes Councilmember Jones Yes Councilmember Ash Yes
The motion passed by majority, 6/1.
Resolution TO ENTER INTO AGREEMENT WITH THE WEST VIRGINIA DEPARTMENT OF TRANSPORTATION, DIVISION OF HIGHWAYS, AND WAL-MART STORES EAST FOR THE INSTALLATION OF TRAFFIC SIGNAL SYSTEMS ON THREE SPRINGS DRIVE. Motion was made by Councilmember Miller, second by Councilmember Ash. The motion passed by majority, 7/0.
Resolution TO AUTHORIZE APPLICATION AND ACCEPTANCE OF COMMUNITY PARTNERSHIP PROGRAM (LEGISLATIVE DIGEST) FUNDS FOR THE FRIENDS OF STARVAGGI PARK. Motion was made by Councilmember Miller, second by Councilmember Ash. The motion passed by majority, 7/0.
Resolution TO ENTER INTO CONTRACT FOR THE PURCHASE OF A LIGHTBAR FOR THE WEIRTON FIRE DEPARTMENT’S 2008 TRUCK. Motion was made by Councilmember Miller, second by Councilmember Ash. The motion passed by majority, 7/0.
Resolution TO ENTER INTO CONTRACT FOR A GRAPHICS PACKAGE FOR THE WEIRTON FIRE DEPARTMENT’S SUTPHEN LADDER TRUCK. Motion was made by Councilmember Ash, second by Councilmember Miller.
Councilmember Marsh commented, “Would somebody explain to me again what this is?”
Councilmember Kondik commented, “Yes. I think the Chief’s here to explain it.”
Councilmember Marsh commented, “What this is all about.”
Acting Chief Lowe commented, “This is for the re-lettering of Quint 24. It’s a part of the package that was approved last year that we went into contract with another individual for this lettering, and he quit doing the work in the middle of it. And, we were supposed to be getting some of the money and materials back. In the mean time they re-bid it, re-put it out.”
Councilmember Marsh commented, “So, we are working to get the money back?”
Councilmember Miller commented, “Yes.”
Acting Chief Lowe commented, “Yes. The individual’s paying back about two or three hundred dollars at a time.”
Mayor Harris commented, “Thank you.”
The motion passed by majority, 7/0.
Resolution TO ENTER INTO CONTRACT FOR A GRAPHICS PACKAGE FOR THE WEIRTON FIRE DEPARTMENT’S 2008 TRUCK. Motion was made by Councilmember Miller, second by Councilmember Ash. The motion passed by majority, 7/0.
Resolution REQUESTING THE PLANNING COMMISSION OF THE CITY OF WEIRTON TO STUDY INCREASING THE DISTANCE BETWEEN LIMITED VIDEO LOTTERY (LVL) ESTABLISHMENTS. Motion was made by Councilmember Ash, second by Councilmember Dalrymple.
Councilmember Fijewski commented, “I’d like to make a comment. I know it’s not a popular view, but I went through Ward 7 and looked at every church and school. And, then I looked at every LVL establishment to see how many were within five thousand square feet of a church or school. There was not one church nor one school that was not within five thousand square feet of an LVL establishment. I went through the majority of the city and did that same thing. And, in truth, I don’t see where there isn’t an LVL establishment within five thousand square feet of an existing school or a church. So, looking at something like this, even if the Planning Commission comes back to us and suggests that we do something like that, if you look at the reasons why they’re saying of doing it is to protect young children and church worshipers from the incursion of gambling businesses. It’s already incurred. The incursion has already incurred. If we’re going to come back and say we’re going to take these facilities out of the five thousand feet, fine, I’m all for it. But, we’re not. We’re going to come back and grant a grandfather clause to all those establishments that are already there, and then say any new one can’t come in there. So, what are we saying? The current ones that exist in there are not contributing to a lack of morals or safety, but only any new one that comes in. That’s ridiculous. I can’t say under any circumstance how something like that isn’t anything more than protectionism for the people who now have LVL licenses, and if something like that is past, the value of their license increases by fifty fold, because there’s never going to be competition for them. And, I just think that’s wrong for any business in the City of Weirton. Thank you.”
Mayor Harris commented, “I also would like to make a comment on that. If we don’t do something now to stop the LVLs from coming in, we are opening up more. We do have the Three Springs Drive area, and you will hear that they can’t put anything there. But, that doesn’t mean that Zoning or Planning can’t change their mind later on with that. That is why I plan on putting this in with the five thousand feet, because I don’t want anything else up at the Three Springs Drive area or anywhere else in the city. We have enough LVLs. State law prohibits us to do anything about the ones that are already here, so they will be grandfathered. If we had our choice, maybe some of us, we don’t want them. But, right now we don’t have that choice. The choice is through the state. They are here to stay. We can’t do anything about it, but we could prohibit more of them coming in.”
Councilmember Fijewski commented, “And, Mayor if I could comment also please? I think that’s a laudable justification. The problem is the reality doesn’t meet that. Five thousand, one mile, obviously for those smarter than me, is five thousand two hundred and sixty feet, OK. So, we’re suggesting in essences that there not be anything in the Three Springs Drive area for one, for almost one mile times four. Because when you think about it, you take an LVL establishment or a church or a school and you go four points. You go front, back, side and side. So, in essence, you’re given a twenty thousand foot variance. Not only that, there are establishments in the Three Springs Drive area that already are there. They’re already licensed. They get protection from any future competition that comes in there, and I don’t understand why we would give anyone that kind of protection when we don’t give it to any other segment of our business community. Thank you.”
Councilmember Ash commented, “Mayor, I can understand what the Councilman is saying. However, my concern is as one closes the will not be allowed to open up another one…”
Mayor Harris commented, “Within the twelve months. They can re-open within twelve months.”
Councilmember Ash commented, “Right. So, hopefully, and when you talk about grandfathering, after twelve months they’re not grandfathered anymore. So, hopefully no one will open up within that five thousand feet. And, if they don’t then they can’t handle it.”
Mayor Harris commented, “By state law, by state law, they can actually close down for eleven months and twenty days and re-open as another LVL. That’s by state law, so we cannot stop that. But, if they’re closed for more than twelve months, then they would fall into the five thousand square foot. This is something that we’re sending to Planning that I hope gets passed because if it goes to Planning, it’s always good to ask for more. If my kids come to me and ask me for twenty dollars, I might give them ten. I’m asking for five thousand. I hope I get five thousand, but I probably won’t. So, I’m hoping to get something out of it, so I’m asking for more.”
Councilmember Fijewski commented, “And, I do understand that Mayor. I really do. We just approved a thousand feet from any church or school or anything else like that. And, that’s a pretty significant distance. But, I think that we’re going to have to come to some understanding at some future date and be big enough to admit it. This Council gets twenty to thirty thousand dollars a month from LVLs. Every booster club, every organization, maybe even some politicians go to the LVL people and ask them for money. We take hundreds of thousands of dollars away from this business community entity, and somehow we think they’re a piranha on the community. Now, if we’re looking to protect the moral integrity whose moral integrity is more in question? Us for taking the money and thinking that we’re taking it but yet they’re not appropriate citizens of this community. And, I’m not an advocate for them. I’m not a lobbyist for them. I’m just looking at fairness. The fairness of the thing is that if they are legal, if they are approved by the state and if they are paying their taxes, keeping their building up to day, hiring employees, why is it we’re singling them out when we don’t do the same thing for the I would just use an exaggerated number. How many establishments do we have in Weirton that have liquor licenses? No one’s talking about liquor licenses, nobody. Look at the police report for the month of October. I would say conservatively we had twenty-five to thirty incidents the police were involved in, conservatively, because that doesn’t include the domestic violence, involving alcohol. But, we’re not up here passing judgment on those with liquor license, only those with LVLs, and I think that’s wrong. Thank you.”
Mayor Harris commented, “Thank you.”
Mayor Harris requested a roll call vote.
ROLL CALL VOTE
Councilmember Ash Yes Councilmember Jones Yes Councilmember Marsh Yes Councilmember Miller No Councilmember Dalrymple Yes Councilmember Fijewski No Councilmember Kondik No
The motion passed by majority, 4/3.
Ordinance No. NEW PROHIBITING RAKING OR DEPOSITING LEAVES OR GRASS INTO THE STREET. Motion was made by Councilmember Ash, second by Councilmember Jones.
Councilmember Ash commented, “Mayor, the only question I have on this is who’s going to enforce this?”
Mayor Harris commented, “Enforce. Who’s going to enforce it is we’re hoping to get Code and Police to enforce this.”
Councilmember Dalrymple commented, “Isn’t this something we already have on the books though, except for maybe a few different words? Basically we have an ordinance that prohibits this exact thing, but we’re just cleaning it up a little bit to define it a little better.”
Mayor Harris commented, “Right. The ordinance was already in effect. All we’re doing is cleaning it up. I think that was passed by the last administration.”
Councilmember Dalrymple commented, “Yes.”
Councilmember Kondik commented, “I think my ward probably has the most trees and the most leaves and the most people that rake them out into the streets. And, thanks to John Brown and his leaf picker-upper, I probably use it more than anybody else in this, more than you guys. I have a problem with it because I have a lot of old people that can’t bag leaves and contain them and do what you want, you know, what you really want them to do.”
Mayor Harris commented, “One thing, your administration, last, approved it.”
Councilmember Kondik commented, “Yes. I know. I know. And, that’s why I’m…”
Mayor Harris commented, “All we want to do is put more teeth into it.”
Councilmember Kondik commented, “I know, and it’s like Councilman Ash said. Who’s going to police it, number one, and if my neighbor gets picked up, am I going to be called and asking hey, you know, can you do my neighbor a favor.”
Mr. Gurrera commented, “I think Code should enforce it. I don’t think all the police department can enforce it.”
Councilmember Kondik commented, “Yes. I have a problem with this. It’s not as simple as, I mean, come on Marland Heights now and look at all the leaves and all the leaves in the streets and all the bags that are not being used and whatever. It’s just…”
Councilmember Dalrymple commented, “I think this was more when it was brought up the first time, it wasn’t necessarily for natural dropping of foliage. It was more for the resident that went with a blower and just blew the grass clippings out on the street, and the guy who was cutting his grass that blew his clippings out on the street and then walked away and let everyone else deal with either the look of that or the smell of it. It wasn’t necessarily for leaves falling from the tree.”
Councilmember Kondik commented, “Again, how are you going to say that you did do it or you didn’t do it? You know, what are you, how are you…?”
Mayor Harris commented, “We have…”
Councilmember Dalrymple commented, “What’s the difference between leaves falling out of a tree and what it looks like when someone blows grass out in the street? I think you know how to tell the difference between that.”
Councilmember Kondik commented, “I’m not talking about grass. I’m talking about leaves.”
Mayor Harris commented, “You have to take a look. You can take a, you know whether they were raked or not. But, one thing is, I can give you an example. I do have a person in Country Club Boulevard that decided to put their leaves and rake them all into the road which then washes to the drain which clogged the drain and the individual got a flood into their basement. So, you know, we need to put some more teeth into this. And, you know, I know that John Brown was asked to increase the curb. Now, why should the city go and pay for more concrete and to increase the curb so that somebody else can rake leaves into the street? Any other comments?”
The motion passed by majority, 6/1, with Councilmember Kondik voting no.
Ordinance No. NEW PROHIBITING THE KEEPING OF WILD ANIMALS AND REPTILES. Motion was made by Councilmember Ash, second by Councilmember Jones.
A motion was made by Councilmember Dalrymple to table the ordinance to discuss it further as the group, second by Councilmember Kondik.
Mayor Harris requested a roll call vote.
ROLL CALL VOTE
Councilmember Miller Yes Councilmember Marsh Yes Councilmember Jones No Councilmember Ash No Councilmember Kondik Yes Councilmember Fijewski Yes Councilmember Dalrymple Yes
The motion to table the ordinance passed by majority, 5/2.
Resolution TO STUDY AMENDMENTS OF THE UNIFIED DEVELOPMENT ORDINANCE (UDO) ALONG PENNSYLVANIA AVENUE. Motion was made by Councilmember Miller, second by Councilmember Fijewski. The motion passed by majority, 7/0. Resolution TO STUDY THE FEASIBILITY OF THE IMPLEMENTATION OF A FLOOD WALL OR OTHER FLOOD CONTROL PROJECT. Motion was made by Councilmember Ash, second by Councilmember Marsh. The motion passed by majority, 7/0.
Resolution TO MAKE AVAILABLE INFORMATION FOR SUBSTANCE, ALCOHOL OR GAMBLING ABUSE AND OTHER ADDICTIONS OR PROBLEMS. Motion was made by Councilmember Ash, second by Councilmember Marsh. The motion passed by majority, 7/0.
Resolution TO STUDY THE FEASIBILITY OF ISSUING REVENUE BONDS FOR A LARGE ROAD PAVING/REPAIR PROGRAM. Motion was made by Councilmember Ash, second by Councilmember Jones.
Councilmember Fijewski commented, “I’d like to make a comment. I got a couple of calls on this and I’d just like to make a clarification for my perspective. There are several streets in the City of Weirton that because of their particular problems we don’t have the money to fix them because the nature of the damage is so, of such a nature that we just don’t have the money to do it. So, my understanding is that we’re putting forth this resolution so that we can look at the feasibility to see whether bonds would be an avenue to help those roads get fixed. No one is suggesting that we would take all eight or nine hundred thousand dollars of the monies we now use for paving the street and dedicating it just to the bonds. That’s not it at all. What we’re looking at is can we take a portion of that to help pay off the bonds. Does it make sense so that when we go back to those people who live on these streets who are constantly asking for these streets to be fixed, then we’ll be in a position to have exhausted every avenue to try to help those roads get improved? So, if there is a misconception out there that we’re even considering taking the total amount of the money we get for road repair and applying it towards a bond, that is not my understanding. So, I just want to share that with the group. Thank you.”
Mayor Harris commented, “Also, there were some comments made in the newspaper, the latest newspaper. And, when I put this forward for a study I did not mean or did not say that the last administration did not pave any roads. That was taken the wrong way. The last administration did pave roads. But, what I’m stating is without this study and maybe getting some X amount of dollars, we’ll never get these projects passed. All we do is patch the existing roads. The million dollar, the half a million dollar roads, all we do is patch. And, that’s what my statement was. It was taken a little bit wrong. I’ve maybe talked too fast when I gave the statement, but I want to let you know the last administration did pave roads. I’m not saying anything else bad about them. It’s just that these big projects will not get done unless we look into something.”
Councilmember Miller commented, “I’d like to say something about that. I agree with Councilman Fijewski. There is one street in my ward that I’ve attempted to get covered for the last four years, going on five now. It alone, itself would be over a million dollar project which is the entire paving budget for the year. He also has I think Valley Way and mine is Sharon Drive. They’re major problems. They were created years ago with undermining of drainage and poor construction and it just can’t be an overlay even though we’d like to do that. Overlaying is a major project. So, we need to look at this. Even though I’m against committing future dollars to a big project like this, the taxpayer’s dollars, but we do need to do the study.”
Councilmember Fijewski commented, “And, this final point if I may. And, that’s what this is, is to look at the feasibility of it. If it comes back where it’s not feasible, then I think everybody should rest assured that we’re obviously not going to proceed with it. But, you never know unless you look at other avenues of trying to fix problems.”
Councilmember Jones commented, “I have Wall Street. I mean, it’s the same way. We’ll need a lot of money to do that, to fix it.”
Mayor Harris commented, “Right.”
Councilmember Dalrymple commented, “We all have big projects to do in the community and I have also a concrete street, and it’s in bad shape too that I hear about a lot. And, we do the best we can with it and unfortunately we don’t have the funds to take care of it. I don’t like right off the bat contributing part of money, money that we know we’re going to have in our hand to put the bonds or whatever it is we might do, put the city in the potential slot of getting in trouble if the bottom drops out, I guess you could say. That’s right off the bat. But, this is a resolution to check into this thing, so I will vote for it that we will study it. But, initially I was very skeptical about doing it.”
The motion passed by majority, 7/0.
Resolution TO STUDY THE FEASIBILITY OF A FACADE AND EXTERIOR IMPROVEMENT PROGRAM.
Councilmember Miller commented, “I’d like for the Mayor to describe that program a little bit. This applies to local businesses in our community, not necessarily the façade of this building here. Is that right Mayor?”
Mayor Harris commented, “Right.”
Councilmember Miller commented, “And, it’s going to be who’s going to do the grading of these facades? That’s what concerns me.”
Mayor Harris commented, “We do have Code Officials. One thing that seems to be a problem with our area is we do have a lot of dilapidated and empty structures. A lot of them are unsafe which sending our police officers or our firemen into an unsafe building is a problem. Not only is it an eyesore, a very, very bad eyesore. What I have, what also I have a problem with is we have businesses out there that are for sale in our community. They’re asking for prices that they’ll never get. And, I know that one business that wants seven hundred and fifty thousand dollars for a building. They’ll never get that. But, the building’s sitting there dilapidated, and it’ll be there probably in the next twenty years if we don’t do something about it now. What I want to do is go in and tax the individual. And, if they want to keep it unsafe and empty, that’s fine, but they’re going to pay a tax on that. They need to get up to code and it needs to be presentable. We need to start now cleaning up Weirton and not waiting twenty years from now. There’s a problem now. We need to take it in our own hands.”
Unknown commented, “He was asking about the façade of the buildings.”
Mayor Harris commented, “Am I off…”
LAUGHTER
Mayor Harris commented, “I’m sorry. I did circle the twenty-three and we have not arrived at the twenty-four. Twenty-three, our façade program is a study also of a feasibility of if we can get X amount of dollars. This is for businesses. Again, we do have the empty structures, the dilapidated buildings. Of course, I’m going in with the next one I just explained to you. I’m going after these people. But, also on the other hand, I would like to offer something out there to see if they’ll take it. If that façade is in damage, it’s a damage un-repairable, then that’s something different. But if it could be repaired and the city can come in and say listen maybe we can give you a matching grant of two thousand or four thousand dollars if you fix up your front of your building, they might go in and put the two to four thousand dollars in. Now, I also own residential property which is in downtown. This doesn’t go no where need residents. This is all about business. But, my residential property might only be appraised at around twenty, twenty-five thousand dollars. The same thing with the businesses. If they’re appraised at a certain about of money and we expect those individuals to go in there and fix their building up and that place is appraised at thirty and they paid thirty, well they’re not going to put another five in. So, we have to get, I believe that we need to do something like giving them X amount of dollars to use. This is a study. It doesn’t mean we have the money available, but we might. Are there any other comments?”
Councilmember Miller commented, “No. Thank you Mayor.”
Mayor Harris commented, “Sorry about that.
The motion passed by majority, 7/0.
Resolution TO STUDY THE FEASIBILITY OF ESTABLISHING A HIGHER POLICE AND FIRE SERVICE FEE FOR IDLED, DILAPIDATED, BLIGHTED AND/OR ABANDONED BUILDINGS. Motion was made by Councilmember Kondik, second by Councilmember Ash.
Mayor Harris commented, “That is where my speech came in, so are there any other comments.”
Councilmember Marsh commented, “As I stated to a group this morning in a meeting I am not for and have always stood against raising fees and taxes. In fact we sat here a few months ago and put in that ordinance. I will vote for this as a study to open the can of worms, because we have issues on our side that deal with these buildings being empty and dilapidated and the whole bit. So, just to the point of order, I’m going to vote for this to open a can of worms and get the whole thing out on the gamut.”
Mayor Harris commented, “I think we, I think if we could, if you guys would vote for this, it would be nice to open it and we could tweak it the way we need it to be tweaked.”
Councilmember Dalrymple commented, “I concur with Councilman Marsh. There’s a, we did sponsor, as a matter of fact I was the one who sponsored it, the resolution that capped the fees and the high, the police and fire service fee was one of those fees. There’s a lot of background that goes into the police and fire service fee that predates me, in Councilman Ash and Kondik’s time when this was brought it. And, it was a lot of work that went into it, the lawsuits that went into it. I would be cautious about what direction we take when we’re tinkering with the police and fire service fee. I would be more receptive possibly to naming a separate type of fee that deals with dilapidated property.”
Councilmember Kondik commented, “I agree with you Councilman. That’s why this is a resolution to study the…”
Councilmember Dalrymple commented, “Exactly. Well, I’m just telling you what I have to say, and I wasn’t finished talking Councilman, point of order. So, to finish, I am going to support this resolution because I do agree with Councilman Marsh and we’ll get this out in the open and maybe we can hammer something out. But, I caution the members to tread lightly with the police and fire service fee.”
Mayor Harris commented, “I’d also like to make a comment. This is not to raise the residents, because I know when I talked about this in the election, they were pretty much out there saying I’m going to raise the rates, and that’s not the case. It’s for these dilapidated and empty structures, structures. I’m sorry. It’s a depressed area, and a lot of people tell me, a lot of business owners that have these empty structures say it’s a depressed area. What I’m asking for is a depressed rent or a depressed sale. I mean, we cannot sell something that’s five times above its price. It won’t happen.”
Councilmember Kondik commented, “Jim McHenry, are you at liberty to discuss what we were talking about in Home Rule under this avenue?”
Mr. McHenry commented, “It has been already put out for the public to view for the next thirty days under Home Rule. Basically we have asked that a fee be assessed for these structures that have been left abandoned or unused on commercial and industrial properties. Those fees would be assessed on a scale based on present property values as the tax assessor has determined in the county which that property would be located.”
Mayor Harris commented, “OK. Thank you. Any other comments?”
The motion passed by majority, 7/0.
Resolution TO STUDY THE FEASIBILITY OF ESTABLISHING A 311 NON-EMERGENCY CALL NUMBER. Motion was made by Councilmember Ash, second by Councilmember Jones. The motion passed by majority, 7/0.
Ordinance No. NEW AMENDING A CITY ORDINANCE RESTRICTING THE USE OF CITY-OWNED VEHICLES. Motion was made by Councilmember Marsh, second by Councilmember Jones. The motion passed by majority, 7/0.
Ordinance No. NEW ESTABLISHING A YOUTH ADVISORY BOARD. Motion was made by Councilmember Ash, second by Councilmember Jones. The motion passed by majority, 7/0.
Mr. Maher commented, “Mayor, may I make a comment?”
Mayor Harris commented, “Yes.”
Mr. Maher commented, “Just so everybody knows, if you are looking at your agenda, there were some items that were pulled off of the agenda prior to the meeting. That’s why we are skipping certain agenda item numbers. OK.”
Mayor Harris commented, “With those items, we are going to set up a workshop and talk about the issues a little bit more.”
Resolution TO STUDY WHETHER ADDITIONAL RECREATIONAL FACILITIES SHOULD BE DEVELOPED. Motion was made by Councilmember Ash, second by Councilmember Marsh.
Councilmember Kondik commented, “Who’s going to be on this? Who’s going to be involved in this Mayor? Do you have anybody in mind or just a workshop for Council and the Park Board?”
Mayor Harris commented, “Yes.”
Councilmember Kondik commented, “So, this is the Park Board and Council.”
Mayor Harris commented, “To find out if we actually need any more recreational areas. There is, there is some comments, I mean, I’ve had a lot of people that wanted a skate park in the area. They wanted a bike park. Some individuals would like to have a dog park. Maybe it’s possible to combine all that into one. But, that’s my idea, and it’s not the ideas of the councilmen here. But, that’s why we want to study the feasibility. That’s why I’m asking of you guys today. Any other comments?” The motion passed by majority, 7/0.
Resolution TO PLACE A MORATORIUM ON THE ISSUANCE OF RESIDENTIAL OPEN BURNING PERMITS IN ACCORDANCE WITH THE WEST VIRGINIA STATE CODE. Motion was made by Councilmember Fijewski, second by Councilmember Ash.
Councilmember Fijewski commented, “Mayor, if I could please. It’s come to our attention that our current burn permit may have some problems from the State Department of Environmental Protection and also the Federal Employment, or EPA, Environmental Protection Agency. We, Mr. DuFour and several Council Members and City Attorney and whatnot, we’ve been trying to work with both the state and the feds to get final resolution to just how we are or are not in compliance. And, I think it’s, this resolution is being proposed so that we could make sure that we get answers and we don’t continue to have the violations that may or may not exist. So, what this is asking for is a temporary moratorium until we can work things out with both the federal and state agencies to see what needs to be done and what we can and cannot do. I’d be happy to answer any questions, and I ask for your support?”
Councilmember Marsh commented, “This is for a period of one hundred and eighty days?”
Councilmember Fijewski commented, “Yes, sir.”
Councilmember Kondik commented, “And, this is OK, this is legally OK to do?”
Mr. Gurrera commented, “It’s legally OK, and also through conversations with the DEP, basically they said that the best way to control this is at the local government stage. They said state agencies have a harder time enforcing rules. They’re happy with the fact that Weirton is involved in this, and they feel that if we’re unsure about our system that we should take a look at it before and stop it so we can develop better rules and regulations.”
Mayor Harris commented, “Any other comments?”
The motion passed by majority, 7/0.
Ordinance No. NEW ENACTING AND AMENDING THE RULES AND REGULATIONS FOR THE TOWING AND ROTATION LIST FOR THE CITY OF WEIRTON AND AFFILIATED 911 SERVICE. Motion was made by Councilmember Kondik, second by Councilmember Ash.
Councilmember Fijewski commented, “I’ve got a question. In this resolution does it in any way address the issue of (unintelligible) or does that take a separate review?”
Councilmember Marsh commented, “I think it was in there.”
Mayor Harris commented, “It was.
Councilmember Fijewski commented, “I wanted to make sure. Thank you.”
The motion passed by majority, 7/0.
Ordinance No. NEW AMENDING THE TRAFFIC CONTROL MAP ORDINANCE NO. 214 OF THE CITY OF WEIRTON TO ESTABLISH ONE DEDICATED RESIDENTIAL DISABILITY PARKING SPACE AT 3110 ORCHARD STREET. Motion was made by Councilmember Ash, second by Councilmember Jones. The motion passed by majority, 7/0.
Ordinance No. NEW (EMERGENCY) AMENDING THE TRAFFIC CONTROL MAP ORDINANCE NO. 214 OF THE CITY OF WEIRTON TO RESCIND ORDINANCE NO. 1518, AMENDMENT NO. 662 WHICH WAS PASSED AT SECOND READING ON FEBRUARY 12, 2007 AND WHICH ESTABLISHED A NO PARKING ZONE FOR A DISTANCE OF 50 FEET ON BOTH SIDES IN BOTH DIRECTIONS FROM THE APEX OF THE CURVE THAT IS LOCATED ON FERNWOOD AVENUE WHEN TRAVELING WEST FROM PALOMINO DRIVE AND PAST FERNWOOD AVENUE’S INTERSECTION WITH CRYSTAL LANE. Motion was made by Councilmember Marsh, second by Councilmember Ash.
Councilmember Marsh commented, “Gentlemen I would ask that we could read this on an emergency basis not really because there’s a safety issue, but we are running out of time to get some paint down.”
The motion passed by majority, 7/0.
Ordinance No. NEW AMENDING THE TRAFFIC CONTROL MAP ORDINANCE NO. 214 OF THE CITY OF WEIRTON TO INSTALL A “TRAFFIC FROM LEFT DOES NOT STOP” SIGN TO THE CURRENT STOP SIGN LOCATED ON EUCLID AVENUE AT ITS INTERSECTION WITH MARLAND HEIGHTS ROAD. Motion was made by Councilmember Kondik, second by Councilmember Fijewski. The motion passed by majority, 7/0.
Ordinance No. NEW (EMERGENCY) AMENDING THE TRAFFIC CONTROL MAP ORDINANCE NO. 214 OF THE CITY OF WEIRTON TO ESTABLISH A “NO PARKING” ZONE ON FERNWOOD AVENUE ON THE INSIDE RADIUS OF THE CURVE LOCATED ON FERNWOOD AVENUE FROM THE NORTHERN INTERSECTION OF FERNWOOD AVENUE AND CRYSTAL LANE FOR THE ENTIRE LENGTH OF THE PROPERTY LOCATED AT 200 CRYSTAL LANE; TO INSTALL 2 “NO PARKING BETWEEN SIGNS” SIGNS AT THE BEGINNING AND END OF SUBJECT NO PARKING ZONE; AND TO ESTABLISH A DOUBLE YELLOW CENTER LINE ON FERNWOOD AVENUE FROM FERNWOOD’S NORTHERN INTERSECTION WITH CRYSTAL LANE TO FERNWOOD’S INTERSECTION WITH UNION STREET. Motion was made by Councilmember Marsh, second by Councilmember Fijewski. The motion passed by majority, 7/0.
APPOINTMENTS TO VARIOUS BOARDS AND COMMISSIONS
HUMAN RIGHTS COMMISSION
Kathleen Ivan Appointment: 01/01/2008 – 06/30/2011 217 Hudson Avenue Weirton, WV 26062 (Per Councilmember Ash) Motion was made by Councilmember Ash, second by Councilmember Fijewski.
ROLL CALL VOTE
Councilmember Ash Yes Councilmember Jones Yes Councilmember Marsh Yes Councilmember Miller Yes Councilmember Dalrymple Yes Councilmember Fijewski Yes Councilmember Kondik Yes
The appointment was approved by majority, 7/0.
BOARD OF ZONING APPEALS
Dewey Guida Appointment: 01/01/2008 – 12/31/2011 1012 Barone Drive Weirton, WV 26062 (Per Councilmember Miller) Motion was made by Councilmember Kondik, second by Councilmember Ash.
ROLL CALL VOTE
Councilmember Kondik Yes Councilmember Fijewski Yes Councilmember Dalrymple Yes Councilmember Miller Yes Councilmember Marsh Yes Councilmember Jones Yes Councilmember Ash Yes
The appointment was approved by majority, 7/0.
David LaPosta Appointment: 01/01/2008 – 12/31/2011 239 Three Springs Drive Weirton, WV 26062 (Per Councilmember Ash and Councilmember Jones) Motion was made by Councilmember Ash, second by Councilmember Jones.
ROLL CALL VOTE
Councilmember Miller No Councilmember Marsh Yes Councilmember Jones Yes Councilmember Ash Yes Councilmember Kondik Yes Councilmember Fijewski Abstain Councilmember Dalrymple No
The appointment was approved by majority, 4/2 with 1 abstention.
PLANNING COMMISSION
Ralph Barone Appointment: 11/14/2007 – 06/30/2010 Barone Drive To fill the unexpired term of Ron Zellars. Weirton, WV 26062 (Per Mayor Harris)
Motion was made by Councilmember Ash, second by Councilmember Jones.
Councilmember Kondik commented that due to receiving the information on the nomination just prior to the meeting he was not comfortable supporting this nomination at this time.
ROLL CALL VOTE
Councilmember Dalrymple No Councilmember Fijewski Yes Councilmember Kondik No Councilmember Ash Yes Councilmember Jones Yes Councilmember Marsh Yes Councilmember Miller No
The appointment was approved by majority, 4/3.
ADMINISTRATIVE REPORTS
Police Department Chief Marshall commented, “Nothing additional to report Mayor.”
Councilmember Ash commented, “Thank you Chief. I can’t go into detail about all the things you’re doing downtown, but I really do appreciate it. And, I want the public to know that something will be happening soon, and I appreciate it.”
Chief Marshall commented, “Thanks.”
Mayor Harris commented, “Thank you Chief.”
Councilmember Kondik commented, “That bike patrol, Chief, Halloween night, I saw it on Marland Heights.”
Chief Marshall commented, “Yes, sir.”
Councilmember Kondik commented, “Great, great service. That’s neat. Do you want comment on that?”
Chief Marshall commented, “Like you said, on Halloween night, the parents liked it when they saw the guys out there. And, the kids liked it because they got to talk to the policemen a little more than they do in the cruiser. We liked it because we got to cover a lot of area quickly. So, it worked real well. Thank you.”
Parks and Recreation Mr. Weigel commented, “Nothing further to add to the report.”
Councilmember Fijewski commented, “Terry, do you want to comment on the work that was done out at the Oakland Field please?”
Mr. Weigel commented, “Yes, we were working this summer with Councilman Fijewski and Councilman (unintelligible), the Park Board and local business people to complete some upgrades to the park out there. We were able to do repairs to the shelter, repave both basketball courts. But, more importantly a long time problem that we had had, had been parking in that area. The Little Steelers Football Organization had wanted to use that area. They had no other place to hold their practices. Last year they were able to do it there but parking was an issue. Fortunately, working together we were able to clear out an extensive area and had slag put on there and make a great deal more additional parking spaces which should alleviate the citizen’s problems, the neighbor’s problems out there, and help provide a place for the Little Steelers. It was all those groups working together including Water Department and John Brown and the Public Works Department, but it was at a minimal cost with most everything being donated up there and very, very much needed.”
Councilmember Fijewski commented, “Thank you Terry.”
Code Enforcement Mr. McHenry commented, “Nothing further to add to the reports, Mayor.”
Mary H. Weir Public Library Mr. Rekowski commented, “I have two announcements. The gallery behind the library, we’re formally opening the exhibition tomorrow at 10:00. The gallery behind the library is the photographic exhibition of the ninetieth anniversary of the Weirton Christian Center. It is in preparation for tomorrow. I’ve already heard a busload of people were brought in behind the library on yesterday, on Veteran’s Day, to see it, and they were not from Weirton. It’s an invitation for all of us to see this institution ninety years in the City of Weirton. It’s a photographic representation of their ninety years hear of service to the community. But, I’d like to extend an invitation to you to see this. Also, we are going to have the film showing on November 29th at 6:30 at the library, the film series. Now, this will be the second film that we’ll be showing. This is 6:30 November 29th. It’s the “We Are Marshall” film, we’ll be showing free to the public.”
Mayor Harris thanked Mr. Rekowski.
Fire Department Acting Chief Lowe commented, “Nothing additional.”
Finance Director
TREASURER’S REPORT
Valarie Means gave the treasurer’s report for September 2007, stating:
Beginning Cash Balance: 506,193.59 Interest: 1,229.85 Deposits: 1,051,854.01 Disbursements: (1,082,397.13) Ending Cash Balance: 476,880.32 Beginning Investment Balance: 2,431,171.62 Ending Investment Balance: 2,431,171.62 Petty Cash Fund: 700.00 Total Cash and Investments Available: 2,908,751.94
Ms. Means commented, “You also had bills to approve in your packet totaling $12,440.80.
Motion to approve the payment of the bills, approve the financial reports and approve all department administrative reports was made by Councilmember Dalrymple, second by Councilmember Fijewski.
Councilmember Fijewski commented, “I do have a question if I could just ask. Valerie, in the month of October, there was no reflection on interest on the…”
Ms. Means commented, “I didn’t get the statement yet.”
Councilmember Fijewski commented, “I was just going to ask that. OK. Thank you.”
Ms. Means commented, “But, I will, when I get the statement, I will update that for next month.”
Councilmember Fijewski commented, “OK. Thank you.”
Motion was carried by majority, 7/0.
Motion to adjourn the meeting after the closing prayer was made by Councilmember Dalrymple, second by Councilmember Marsh.
Motion was carried by majority, 7/0.
ADJOURNMENT
With no further business before this November 13, 2007 regular session of the Weirton City Council the meeting was adjourned after the closing prayer.
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