WEIRTON CITY COUNCIL
COUNCIL MEETING - REGULAR
MONDAY, JANUARY 07, 2008 7:00 P. M.
A regular meeting of the Common Council of the City of Weirton, Hancock and Brooke Counties, West Virginia was held on Monday, January 07, 2008 at 7:00 P.M. in Council Chambers of the Weirton City Building.
Mayor Harris called the meeting to order.
Councilmembers in Attendance: George Ash Councilmember Ward 4 Ronnie Jones Councilmember Ward 1 Fred Marsh Councilmember Ward 3 Harold Miller Councilmember Ward 2 David Dalrymple Councilmember Ward 6 Max Fijewski Councilmember Ward 7 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 Bruce Marshall Police Chief Valerie Means Finance Director Rik Rekowski Mary H. Weir Library Director Rod Rosnick Chief Code Official Terry Weigel Public Works Director
Others in Attendance: Gio 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 Fijewski to approve the minutes of the: December 10, 2007 – Regular Council Meeting The motion carried, 7/0.
MAYOR’S AWARDS AND PROCLAMATIONS
Youth Kohl’s Soccer Team
Mayor Harris commented, “At this time everyone from the Youth Kohl’s Soccer Team. Are they here tonight? Can you bring them all up please? I hope that I get everybody’s names right. At this time Shane Seaman, Ashlee Sabre, Lauren Mills, Johseph McCombs, Haxt Hudson, Josh Herrick, Luke Gio, Hannah Gildcrest, Issabella Anile, Ryan Giallucco, Hallie Fields, Anthony Clemments, Blake Passels, Josh Barney, Coach Patty McCombs, Assistant Coach Joe Herrick, Assistant Doug Mills. At this time we would like present you guys with an award.
In grateful recognition for winning the Kohl’s U. S. Youth Soccer America Cup under fourteen in Jackson’s Mill, West Virginia. You have brought honor and distinction by representing the City of Weirton.
APPLAUSE
Mayor Harris commented, “At this time we have three other awards. Ryan Kuzma of the Police Department, would you come up here please. Jerry Shumate from the Fire Department. Dan Mastrantoni. At this time, we had a house fire on Heaslett Avenue. These three gentlemen saved a few young people that were in the residence. Mr. Kuzma climbed a ladder and saved one of the young girls, is that correct, out of the bedroom window. And, also Mr. Shumate here also held the ladder while Mr. Mastrantoni climbed up and saved an individual from a house fire on Heaslett Avenue. So, at this time I would like to give them an award.
In grateful recognition for bringing honor and distinction to the citizens of the City of Weirton for saving the lives of young individuals during a house fire on January 2, 2008 and on behalf of the City Administration and the City of Weirton we would like to thank you for your quick response and presenting an honorable Mayor’s award.
Also, there’s one more gentleman in here. If you can step up here. He was our Sergeant on Duty, Sergeant Falbo. He also was in assistance that night. Ryan Kuzma. He was our Sergeant on Duty. Mr. Falbo, would you like to present this to Mr. Kuzma here.”
APPLAUSE
Sergeant Falbo commented, “Congratulations.”
APPLAUSE
Mayor Harris commented, “Thank you guys.”
COMMUNICATIONS
Councilmember Kondik commented, “I would like to invite everybody to your restaurant on Wednesday at noon. It’s the State of the City Address, and it’s a Rotary luncheon. And, if everybody on Council would like to join me for lunch, I’ll be more than happy to buy you lunch. Wednesday. Whatever you want. You can have whatever you want.”
LAUGHTER
Mayor Harris commented, “What time is that again?”
Councilmember Kondik commented, “Noon, at the Town Hall Restaurant.”
Mayor Harris commented, “Thank you George.”
CITIZEN COMMENTS
Mr. Bruce Costello 90 Seneca Street, Weirton, WV: Re: Hydronic Heaters Mr. Costello commented, “Once again I stand before you. This is my fourth meeting and although you have been very attentive to my problem of smoke and odor from my neighbor’s hydronic heater, this problem still exists and I hope all of you had a safe and healthy holiday season. I would like to recap my last few weeks. On Friday, December 21st, I brought my 82 year old father-in-law to my home from the hospital after his total hip replacement to care for him. That evening as my daughter and father-in-law sat watching TV, he started complaining about a dry sore throat, and my daughter started coughing. I proceeded downstairs to investigate and I started smelling what has become an all to often odor. Sure enough my house once again my house was being attacked from my neighbor’s smoking heater. Some credible members of the City were called and came to my home, and I was told the problem would be taken care of Monday, December 24th. Instead I had to put up with this odor for four more occasions during Christmas week. I had to move my father-in-law back to his home on Marland Heights, and thankfully my daughter had to return to WVU. But, my wife and I are stuck here. I sincerely hoped this would be the last holiday season that I would have to endure this kind of intrusion upon my right to breathe clean air and enjoy the holidays in our home. I didn’t call anyone after December 22nd, the day the City leaders came to my house. I told my wife it was being taken care of and we just had to be patient. Well, on Friday, December 28th, I found out a special meeting was held with the Jordan’s. Why wasn’t I invited? I waited a week longer and contacted Al Carducci at the West Virginia clean air, and he told me he had received a letter from Mr. Gurrera dated December 29th, basically saying that the City was pulling its citation and the smoke did not present a nuisance. But, I never received a copy of that letter also. I have obtained a copy of a phone conversation Mr. Gurrera and Mr. Jordan had on December 28th and it stated that Mr. Gurrera had talked with his sister or was at his sister’s house…”
Mr. Gurrera commented, “No, that’s not what that says.”
Mr. Costello commented, “Well, that’s what you say sir. I have it right here if you want to read it.”
Mr. Gurrera commented, “It doesn’t say I talked with my sister. I don’t believe it does.
Mr. Costello began attempting to retrieve the letter.
Mr. Gurrera commented, “Rod, do you have a copy of that by any chance?”
Mr. Gurrera commented, “Mr. Costello, I have. I do have it here. It says, ‘Mr. Gurrera stated that his sister lives across the street and that he had been there three times and that he did not smell any smoke.”
Mr. Costello commented, “Ok.”
Mr. Gurrera commented, “I did not speak with my sister.”
Mr. Costello commented, “Ok. Ok. Mr. Gurrera did not smell any smoke. On that advice he overruled basically what the three City leaders said about the issue and sent a letter to the West Virginia Department of Clean Air basically saying that Mr. Jordan had a right to do whatever he wanted. Gentlemen, Mr. Jordan’s been playing a cat and mouse game. The code office only works 9 to 5 Monday through Friday, so these are the times he made sure that the furnace is under control. Unfortunately, I have to live in my house 24/7 except when I work. I think I have been patient enough and quite frankly I’m tired of coming here, but I will not stop until I can enjoy my own home and property. Also, I would like to be included in any more special meetings or letters on this subject. Thank you and may you have a happy and smoke free new years.”
Mayor Harris commented, “Thank you.”
Mr. Gene Matey 155 Montgomery Avenue, Weirton, WV: Re: Salt and Snow Plows Mr. Matey commented, “First of all, I want to apologize to all of you for a serious sinuous condition. I have a heard time hearing, so if I speak to you softly let me know. (Unintelligible) too loudly also. Back in December 3rd, 1903 I called the Street Department Foreman, Bob Summers and complained about rock salt being thrown against my garage door. My garage door is 14 ½ from Ann Street. Also, if you look at an angle, going upwards from Ann Street to the door, it’s about 4 foot higher than the street level. But, that’s not the worst of it. The salt is being powdered 5 feet up my door next to the glass. You can imagine how far the salt would go if my garage door wasn’t there. Now, and I called the City and I called the Mayor this past week and I, well he was in conference, and I (unintelligible), probably better, I said (unintelligible). If my situation could be remedied it would make a thousands of citizens happy and save the City tons of money, (unintelligible) tons of salt, instead of being wasted. All right, so, once again, it’s been to no avail. Nothing happened, not back in 03. Wednesday, March 16th, 05, 2 years later I called the Street Department and asked to speak to John Brown, Superintendent of Public Works Department. I told him my problem. I told him what I told Summers years before. I want to talk to Mr. Brown and Foreman Tice if you still, (unintelligible) Bill Tice came up to the house and I described the situation where the salt was being bounced off my door. I also showed him where my driveway comes down and is, interjects with Ann Street. It was (unintelligible) you know, so I can’t get my car (unintelligible) by God, drag my tail pipe through my pump room. (Unintelligible) tore out by the snow plow. I also took him to the front of the house, showed him between two pillars I have (unintelligible) from the salt that come in about 5 feet of my driveway and my sidewalk was deteriorating from the rock salt. Now then, so I put up (unintelligible) just recently now on Friday, December 28th, I called and I talked to the Mayor. And, I once again, I didn’t want to repetitious, but I told him the same story I told Summers that I told Mr. Brown. And, I was hoping to meet with Mayor Harris but I believe we must have had a misunderstanding. He told me he was going to a restaurant up on Weirton Heights and I thought he was talking about a ribbon cutting for a new restaurant. I didn’t know at that time that he owned the restaurant up there. So, he said that meeting never occurred. Welcome to (unintelligible). In the mean time I called my Councilman, Max Fijewski, and he wasn’t home when I called and I didn’t get the call back until two or three days ago. I did get a call Sunday. You told me about being out of state with your family. I was exuberant that somebody got back to me and showed some interest in my case. And, he also volunteered to come up and show his crew, Mr. Brown did. I’m ecstatic about that, and I hope it bears some fruit. Another subject matter that I mentioned to Mayor Harris and I want to bring to your attention also. There’s about for 4 months now there’s been a street light burned out or inactive on Montgomery right near my house. They put (unintelligible) years ago because there was a burglary and that was a dark spot. Now, the Mayor said that he, that that was turned in a few times. And, the response he got from the power company says it is a bulb missing or…”
Mayor Harris commented, “We are waiting on a part.”
Mr. Matey commented, “So, it’s not going, you can’t fix it (unintelligible). Now, why is it there are thousands of City lights throughout the city, they can’t fix one street light. Is it obsolete or is it so unique out of date that they can’t find replacements parts for it now. Four or five months have gone by with no street lights there, and that’s in neither here nor there but I wanted to bring it to the attention. Getting back to the salt, Mayor, the problem, like I said my driveway, when they spread the salt it looks like the Utah Salt Flats. Literally, it looks like the Utah Salt Flats. And, something just as bad as that is on occasion maybe the mailman doesn’t shut my mailbox good or the wind catches it and blows it open. By going to get my mail is amazingly soaked with salt, that the mailbox which sits 50 inches above the street, 50 inches, we’re not talking street level. Where the mailbox, it sits on top a rod. They (unintelligible) about 3 feet high. I have a row of chrysanthemums beyond the wall, and I can’t raise a (unintelligible) 6 or 7 feet beyond the wall because of rock salt. Planting a yard is the same thing. I try to keep my property up. I try to plant grass. I put in tons of gypsum and turf builder and lime to try to neutralize but you can’t reap nothing but salt. So, that’s why I’ve been wanting just talk to Mike, talk to the Mayor or my Councilman. I’ll bring it to the attention off all the Council. I’m sure all their, the other constituents, have the same problem that I have. Now, could you imagine how, if that salt was being thrown, it’s just 14 ½ feet from Ann Street up to my door and they’re 5 feet up on my door. That’s enough salt to cover the entire street. So, that’s done on both sides of the street. They’re using three times as much that they needed. My street’s only 19 feet wide, Ann Street. So, that’s primarily the reason I’m hear. I hope it bears some fruit. I hope it saves the City some money and I hope (unintelligible) when all of the systems are working. Thank you very much.”
Mayor Harris commented, “I would like to respond to some of those. The light problem, you were probably the 4th or 5th person, citizen in that area that called and complained. We’ve made numerous attempts to try to get that fixed by calling the power company. Also, Gary DuFour had a conversation with them maybe a week and a half ago cause we have about 13 lights out downtown also.”
Councilmember Fijewski commented, “22.”
Mayor Harris commented, “22? 22 lights out downtown. It is a problem with the power company. They’re not moving fast enough. They told Mr. DuFour that they were behind on their work and they assured they would get here and get some of these caught up in the next couple weeks. Is that correct?”
Mr. DuFour commented, “Yes.”
Mayor Harris commented, “Also, with your, with the problems you have with the salt, that night I had, got myself in just a little bit of difficulty, so I stopped over later in the night and drove past just to see where you lived at. And, when I seen your driveway I kind of thought it was maybe hard to believe that salt would go that far. But, you know, I’m not, I don’t, I never drove a salt truck, so I couldn’t tell you whether it could or it could not. The next morning I spoke to Mr., well actually spoke to Gary DuFour first and told him what was going on. He spoke to Mr. Brown. What, have you came to any conclusion of what was going on there?”
Councilmember Fijewski commented, “Could I just add, before John speaks, Gene, as I promised you yesterday when you and I discussed this for the first time, I did speak with John on this earlier this evening, and he, John, obviously can relate what he wants to, but as I promised you John and I will be up this week to visit your property as I promised you. So, with that I’ll let John speak.”
Mr. Matey commented, “Well, thank you once again. You can still, even though it’s raining off and on, you, when you stay, when you (unintelligible) mailbox, there’s just some pock marks on my door. Thank you for, thank you for hearing me out.”
Councilmember Fijewski commented, “But, John want’s to respond too.”
Mr. Brown commented, “Sir, you’re correct on the ’05. I was there. I’m (unintelligible) given any time tomorrow at your convenience and rather than expand on the spinners, the gates on the spinners and the whole detail of the street, I would rather meet with you personally to go over the whole thing.”
Mr. Matey commented, “Well,”
Mr. Brown commented, “I’m trying to resolve.”
Mr. Matey commented, “Well, correct me if I’m wrong, but I think that, I think the biggest problem should be is that they can’t (unintelligible) the hopper that’s in back of the truck. They can slow down the impeller that shoots the salt down. You can lower the impeller. It’ll slow the speed down so it doesn’t throw it out that far.”
Mr. Brown commented, “I, I didn’t want to get into all that…”
Mr. Matey commented, “Right.”
Mayor Harris commented, “Ok. We can talk about that later.”
Councilmember Fijewski commented, “We’ll be up this week Gene, if that’s ok with you.”
Mr. Brown commented, “At his convenience tomorrow.”
Councilmember Fijewski commented, “We’ll be up this week to see you as I promised you.”
Mr. Matey commented, “You can call me and I’ll make it a point to be home.”
Councilmember Fijewski commented, “Great.”
Mr. Matey commented, “I’ll make it a point to be home.”
Councilmember Fijewski commented, “Great.”
Mr. Matey commented, “Thank you once again.”
Councilmember Fijewski commented, “Thank you.”
Mr. Brown commented, “Thank you.”
Mr. Matey commented, “I thank all of you.”
Mr. Dale Moore 203 Kanawha Road, Weirton, WV: Re: Various Issues Mr. Moore commented, “Good evening. I’ll try to be brief. I’d like to address three issues on your new business agenda. The first is item 2 which is a resolution to enter into a contract with Chapman Technical Group for professional engineering services. I would ask that this be supported. It actually comes at no cost to the City. This is a replacement firm. There was an issue several years ago. There was a telecommunications tower that was attempted to be located near Madonna High School, and the City had no regulations prohibiting it. And, honestly the City was at their mercy. If they wanted to place that 180 foot tower there they could have. They did decide, based on public pressure of the residents of that area, not to do that. After that the City enacted legislation that restricted the placement of towers. Federal guidelines say that people, companies that want to locate towers have to pay an amount in escrow for technical services which is in essence and environmental impact study. The City doesn’t have those type of technical people on staff. This company gets their payment in full from that escrow, from the company, the tower sighting company. So, the City has, incurs no cost here for the benefit of the engineers. And, we just act as a pass through. We hold the escrow account and disburse it. But, this protects the citizens, protects the neighborhoods from tower sighting and encourages co-location along with our local ordinance. So, I’d ask that you support that. The second item is number 10, the resolution authorizing contribution to Weirton Rotary Club. Two concerns. Number one is the, whatever amount is discussed, presently I believe a line item for contributions from Council is $5,000.00. Secondly, it has to do with control. If you make that donation, that money isn’t coming back to the City. It goes into another group’s funds towards assisting with this project. So, then who makes the decision on exactly what camera is bought, exactly where they’re placed, who’s in charge of the maintenance. Although I’m sure the City would have input into that, if the input, if the City no longer controls that cash, they no longer have the final say. I would ask that if the Council wants to show support for the program, you designate a line item on your next budget revision, commit a certain amount of money to that line item, cause any contribution coming into the City for that project will have to go into a line item in your budget, just like the dogs we have now school that donate per our police dogs when we go to get a new one and their maintenance. That goes in a line item that’s specifically for that purpose. And, that way you get the, can show support for the program, you commitment to the program. Yet, you still get to control that money and then make the final decisions on how it’s spent.”
Councilmember Kondik commented, “At the end of the day on that aspect is the fact that a non profit organization spending the money does not have to pay prevailing wages. In the…”
Mr. Moore commented, “Are we going to pay prevailing wages to install those? Are we going…”
Councilmember Kondik commented, “That comes with, that comes with the camera.”
Mr. Moore commented, “Are we going to bid a contract to install those?”
Councilmember Kondik commented, “No, it comes with the camera.”
Mr. Moore commented, “So, you’re willing to pay…”
Councilmember Kondik commented, “I’ll sit on the board if it comes to push and shove, I’ll sit on the board.”
Mr. Moore commented, “Here’s the question. You’re willing to pay to, for the gain of not paying prevailing wage, you’re going to risk whatever amount you turn over. Now, that’s a…”
Councilmember Kondik commented, “It’s not like we...”
Mr. Moore commented, “…of analysis.”
Councilmember Kondik commented, “It’s not like we’re turning it, we’re not turning over to professionals. This is the Rotary Club. These are professionals.”
Mr. Moore commented, “The Rotary Club won’t keep that money.”
Councilmember Kondik commented, “No, they…”
Mr. Moore commented, “The Rotary Club will go through it…”
Councilmember Kondik commented, “Every check, every check can be…”
Mr. Moore commented, “Councilman Kondik…”
Councilmember Kondik commented, “Councilman…”
Mr. Moore commented, “…can I please finish? I’m not…”
Councilmember Kondik commented, “Cause I was just going to say it. Dale.”
Mayor Harris commented, “Councilman, let him finish first.”
Mr. Moore commented, “The money will go to the Weirton Heights Rotary. The Weirton Heights Rotary will put on the Mardi Gras at which time they’ll subtract their expenses from the donations they’ve received…”
Councilmember Kondik commented, “This has nothing to do with the donations. This has nothing to do with their expenses.”
Mr. Moore commented, “So, this is, which Rotary Club is this going to?”
Councilmember Kondik commented, “The Weirton Heights Rotary Club.”
Mr. Moore commented, “Ok.”
Councilmember Kondik commented, “They, they, their expense is from every ticket sale that they make.”
Mr. Moore commented, “I understand, and…”
Councilmember Kondik commented, “The tickets that they sell is pretty much covers all the expenses.”
Mr. Moore commented, “Are they disbursing the proceeds of the Mardi Gras to another organization?”
Councilmember Kondik commented, “No. The will spend the money to buy and have the cameras installed.”
Mr. Moore commented, “Ok, and again that goes back to you’re now allowing the Weirton Heights, which means your agenda is incorrect. The agenda states the Weirton Rotary Club which is the downtown Weirton Rotary Club.”
Councilmember Kondik commented, “Well, that’s just a typo. We can change it out. We can make an amendment on it.”
Mr. Moore commented, “And, you still are now giving money to another organization which you now have lost control over. But, that’s my concern. It’s the control of the money. It’s not the project. It’s the control of the money. If you’re looking to start paying Bacon Davis wages, I’m not certain even, when you bid this project or are you apparently now will not bid the project, because you won’t have the money. Who’s doing the specs on the project? You have no control over that if the money sits with Weirton Heights Rotary, and they’re going to administer the surveillance…”
Councilmember Kondik commented, “If that is something that’s a concern or concern of this Council, I’ll be more than happy to sit on your committee.”
Mr. Moore commented, “And the final one is number 7, resolution authorize entering into a memorandum agreement for Veteran’s Memorial Bridge Lighting Project. Several months ago, it was brought before this Council to prep a piece of property for a potential business on Three Springs Drive. It was a, Brooke County was going to donate funds. Hancock County was going to donate funds. And, they came to Weirton to ask them to contribute in joining it. The funds for that project would have came out of an EDA account that is funded by Rue21. Rue21 makes pay in lieu of tax contributions to an EDA, an economic development account every year. That money’s restricted for use for economic development within the City of Weirton. There’s over $90,000.00 in that account. So, if the City would have participated in that prep project it would not have been taxpayer dollars. It’s dedicated funds. Now, and one of the reasons for not participating in that was the City of Weirton residents would be paying twice. They would be paying at the county level and at the local level. Well, number 1, they wouldn’t not pay at the local level because the funding would have came from the EDA account. However, I see no difference between that line of logic and asking the citizens to enter into it, the same type agreement with Brooke and Hancock County to fund those lights, except the funding for the light bill will come out of the general fund which is taxpayer dollars. So, if the logic was there that we don’t want to participate in a prep project to clear that property because Hancock and Brooke County were paying and it’d be double dipping on the City of Weirton, I see actually no difference at all with this request. The bottom line is…”
Councilmember Fijewski commented, “Mr. Moore, if I can add to that, that wasn’t the only reason why we did it.”
Mr. Moore commented, “But, it was…”
Councilmember Fijewski commented, “If you, if you may recall, and let me state if I could please, there was, and I’m the one who raised the issue, so that’s why I wanted to raise it now. I had information from a third party indicating that that company had already made a commitment to go elsewhere, so I raised that to my fellow Council members and said to them that look before I think we commit $25,000 of this communities money to a project like this based upon what I have heard from a third party. I couldn’t verify it. I didn’t know if it was accurate, but I was suggesting to my peers that before we proceeded along those lines that we needed to check that out. And, that in my mind, it may not be to my, to other’s mind, but to my mind that was the reason why I did not want to support that because of that fact that there was other issues involved in there that were unclear at the time. So, I just wanted to make that clarification.”
Mr. Moore commented, “I respect that and I understand that. But, I guess my question is this. When will, if we prep that property, this business didn’t take it. Who isn’t to say the next one won’t. And, when will we ever get $50,000 from Brooke and Hancock County to do it again. And, the money was sitting there in that EDA account gathering dust. Now, I understand your concern that they would not, they would not commit, but you’re prepping the property, not necessarily for them, but any other business…”
Councilmember Fijewski commented, “Well, we were also told that a lot of people coming in to look at development want, don’t want that land cleared, that for the aesthetics and the trees and what not, that they would prefer to have that land so they could do whatever land clearing they felt was appropriate for their structure. So, it wasn’t as was being suggested to us then that if you don’t do it now, you pay me now, you pay me later, or clear the land now or clear it later. That wasn’t the basis upon which I was proceeding under. I was being given information that said just the opposite of what you’re suggesting, which is yes there will be some companies who would come in and would want the land cleared. But, there equally could be many companies who may not want the land cleared and would want to keep those trees there and aesthetically develop it as they think appropriate. So, I understand your point, but I just want to make those distinctions for you. So, it wasn’t just if these people work or we’re not contributing, we weren’t going to contribute in my mind. So, I just wanted to share that with you.”
Mr. Moore commented, “I appreciate it. But, if those who made a decision based on the fact that the City was actually being charged twice, I would ask them to consider in voting on, on this item. Thank you very much.”
Councilmember Fijewski commented, “Thank you.”
Mr. John C. Moore 137 Hindman Lane, Weirton, WV: Re:
Mr. Moore commented, “Good evening gentleman. You’re all nice looking guys except two that I served with.”
LAUGHTER
Councilmember Kondik commented, “They must be real old them guys. Them guys must be real old.”
LAUGHTER
Mr. Moore commented, “I just want to get started with that. I’m here actually to basically talk about the same thing that Dale Moore talked about. I didn’t know he was going to say anything, and if not would have probably kept my mouth shut. But, it’s on new business number 7, resolution to authorize entering into moratorium or agreement for the Veteran’s Memorial Bridge lighting project. I think if we would have lights on that bridge it would be very beautiful. I think it would be a tourist attraction. But, I feel a little concerned about the cost of the electricity. And, of course I had mentioned this a few years ago we had a meeting concerning basically the same thing of lighting of that bridge. And, I had mentioned possibly the, to look into the feasibility of either wind turbines or solar, solar panels to provide the electricity for that bridge if it’s possible. I don’t know if it’s possible or not. I don’t know, really know. But, I know it costs a lot of money, and of course I don’t know if the City could afford it and of course I’m sure that other municipalities would possibly agree to fund some of the costs of this. If not, then of course, I think it would be too expensive of an endeavor to do it our self. That’s basically all I have. I just, I was interested in that, the item, and I wanted to make that comment to look into the feasibility of the solar and, as I said, wind turbines. That’s all I have. Nice seeing you guys.”
Councilmember Fijewski commented, “Mr. Moore, I just want to, I don’t know if you had a chance to look at it. The resolution is asking for approval from the City Council in the amount of $2,721 per year. So, that’s what we’re committing ourselves to in terms of a total cost.”
Mr. Moore commented, “Yes, but what would be the total cost of the installation?”
Mr. DuFour commented, “If I could, it’s in excess of $600,000, all of it being grant money and all of it being contracted with the Brooke County Commission. So, all the City would commit to do on an annualized basis is pay a portion of the electric up to $3,000 is our maximum. We would be joined by apparently the counties from the West Virginia side, the Ohio side and other organizations. So, we’re only talking about the electric.”
Mr. Moore commented, “Well, you better get some engineering figures on that because it sounds a little bit low to me. Thank you.”
Mayor Harris commented, “Thank you.”
Councilmember Fijewski commented, “Thank you.”
Mr. Nick Cosenza 1295 Cove Hill Road, Weirton, WV: Re: Towing Mr. Cosenza commented, “I’m up here again about the towing, item number 7. Mayor Harris, I got a piece of paper here from A. G. Lucas. There was a tractor trailer wreck and a guy was pinned and they couldn’t get him out. I used a rotator to free him.”
Mayor Harris commented, “Could you bring that forward for us? Do you just have one copy?”
Mr. Cosenza commented, “Yes, sir. He said that he would look at that. He said that’s vague, but he just wrote that today.”
Councilmember Fijewski commented, “Were you on call that day?”
Mr. Cosenza commented, “No, I wasn’t.”
Councilmember Fijewski commented, “And, they called you anyway.”
Mr. Cosenza commented, “Yes. It was on the Pennsylvania line.”
Councilmember Fijewski commented, “Thank you.”
Mr. Cosenza commented, “They guy was pinned. They couldn’t get him out. They had a helicopter waiting for him. And, I picked the truck up and they scooted him out, and he ended up living.”
Mayor Harris commented, “Is that all at this time?”
Mr. Cosenza commented, “Uh. No. They had these prices flying around how much a rotator cost. I have a tow book here. There’s four rotators in there. The highest one is $390,000. The lowest one is $180,000. I got them marked. Do you want to see it too?”
Mayor Harris commented, “Yes. But…”
CROSSTALK
Mr. Cosenza commented, “And, since I’ve been here last time they still use the Pennsylvania trucks. We have pictures of them (unintelligible) Weirton plates with the Pennsylvania plates.”
Councilmember Ash commented, “Are those new…”
Mr. Cosenza commented, “Pardon me?”
Councilmember Ash commented, “Are those new or refurbished or what?”
Mr. Cosenza commented, “Both. There’s a used forty in there but these $300,000 trucks are seventy tons. The statement says you only need a forty. But, there’s a new back end on one in there for $220,000 with a 2002 truck. And, like I said, I have the pictures of them using the Pennsylvania trucks.”
Mayor Harris commented, “Do you have those pictures?”
Mr. Cosenza commented, “This is actually right in front of my garage. Four miles of pot holes. He says have the city do something about it. These are down on Main Street. They got this one on 22 and they was taking it to Pennsylvania Avenue.”
Mayor Harris commented, “Pennsylvania?”
Mr. Cosenza commented, “Yes. And, there’s Pennsylvania Avenue. (Unintelligible).”
CROSSTALK
Mr. Cosenza commented, “The only other thing I have here. I’ve got a bill from Mr. Clayton. We called him Friday on the 28th to pick a guy’s truck up. He said he wasn’t in town. He shows up in my garage Wednesday with two tow bills and storage. And, I said that shouldn’t happen, and he said that’s the way he runs his business. That’s just the way he does it.”
Mayor Harris commented, “What happened?”
Mr. Cosenza commented, “A guy wrecked his truck and told me go get it on the 28th. I called Mr. Clayton. I told him I need him to come get this truck. He said he was out of town. I said the guy want’s me to pick the truck up to fix it. He said he’s out of town. He don’t call me back till Wednesday. He shows up at my garage with the truck and another tow bill. I said hey you know I was supposed to pick that up. He said I don’t know how you do business. This is how I do it. I said well you shouldn’t charge that guy storage. I says that’s what the City’s upset about, and he said the City don’t own his business. That’s how he does business. He charged another $75 plus $60. That’s the stuff that I think that needs to be cut out.”
Councilmember Fijewski commented, “Are you three A’s approved?”
Mr. Cosenza commented, “No. Three A’s keeps (unintelligible) over him for some reason. I’m sure of it.”
Councilmember Fijewski commented, “That’s what I’m saying, is the people who have three A’s and use your service…”
Mr. Cosenza commented, “You can get reimbursed. I can give ‘em a paper and they can let three A’s send me the thing. That’s not a problem.”
Councilmember Fijewski commented, “And you accept their payments as payment in full? Or do you bill them in addition to three A’s?”
Mr. Cosenza commented, “I could bill, I could bill triple, whatever three A’s paying I’ll bill them. That’s not a problem. I’ll bill them that way. Most often, and we do a lot of it because actually after five and on weekends the three A’s wreckers don’t really show up. And, then they call us and we go out and we just give ‘em a receipt. And then AAA pays them, and they reimburse us, or, you know, send me the check. Ok. Anything else?”
Mayor Harris commented, “No. Thank you.”
Mr. Cosenza commented, “Thank you.”
Mr. Clayton commented, “I got a question. Since my name was brought up…”
Councilmember Ash commented, “He’s not on…”
Mayor Harris commented, “You’re not on. Are you on the list?”
Mr. Maher commented, “No, he’s not.”
Mr. Clayton commented, “Ok.”
Mr. Sean Moores 4097 Stratford Boulevard, Steubenville, OH: Re: Tattooing Downtown Mr. Moores commented, “Well, I’m back about this tattooing and body piercing in the downtown area. It’s come to my attention that the building we discussed has been rented already. But, regardless, I took a walk in the downtown for about an hour. So, I found like four more spots. So, regardless I’d have to go through this process of no matter what building, correct, that I would want to put it in down there? So, I mean, I’ve got three artists enthusiastic about coming here. We want to locate in the downtown area. I just hope that still everything would pass through. I mean, in the last meeting it seemed like everything was all right. I found, like I said, four other buildings, so. And, the building that I looked at, I thought me and the owner, excuse me, had a agreement worked out. You know, we had discussed an amount of money and how much, you know, I was going pay him a year’s rent up front and stuff, and then I just found out today from Councilman Ash here that he rented the building out from underneath me to a different place. But…”
Mayor Harris commented, “See, I was under the understanding that you’re renting out another spot, you weren’t renting out the spot that he, that the other gentleman rented. Is that correct?”
Mr. Moores commented, “That’s, that’s the one that I had looked at like four times and discussed with the owner of the building. We’d come to a monetary determination and he said I see no problem with renting it for that and holding on it until you guys see if everything passes. And, then when I get here tonight, he…”
Mayor Harris commented, “He didn’t wait?”
Mr. Moores commented, “No. The gentleman, he had rented it to someone else. But, like I said, I found four other places downtown. I just don’t want to not be considered because I can’t have that one spot that I looked at.”
Mayor Harris commented, “But, you are still looking in the downtown…”
Mr. Moores commented, “Yes.”
Councilmember Miller commented, “I agree. It sounds like a zoned area, not the…”
Mr. Gurrera commented, “It’s on the area. It’s not on the building.”
Mayor Harris commented, “All right. Thank you.”
TAPE CHANGE
Mr. Dan Guida Weirton, WV: Re: Mr. Guida commented, “…Association. I just wanted to clear up a few things that Mr. Moore stated, Dale Moore. The Downtown Business Association actually approached Weirton Heights Rotary Club to ask to be recipient of this year’s Mardi gras event, and the project we selected was the security camera project, the ARBOT. We’ve been working very closely with Chief Marshall and Sergeant Eric Redish. I never envisioned that Council would grant the $25,000 request, would just hand it to Rotary Club and they just do whatever they want with it. That was never really envisioned, at least from my standpoint. And, maybe it just wasn’t clarified or we did a bad job communicating it. Obviously, Council has final say on this. I mean, the Rotary Club can’t determine, as much as they would try, or my association or group will try, you all have final say on this. What we’re asking is that the money be appropriated contingent upon coming back, Chief Marshall and the Rotary Club coming back and presenting the actual plan to you all. And, then at that point you would say yes, that’s a plan we could live with, and that’s where we’d like the cameras to be or the type of cameras we have. Like I said, I never, never envisioned what Mr. Moore is stating is you just give us a check and we walk out and just give it to the Rotary Club. So, what I’m asking for is a, the ordinance. This would be the first reading, of course, and then the second reading would be next month, contingent upon a resolution passed in the future approving whatever plan is brought back to you all. This unfortunately is happening, actually fortunately I guess in a way, is happening pretty quick. We were just selected or was aware of the selection just in the last few weeks. So, and then with the holiday schedule and everything, so it’s not like anybody’s keeping information from Council or anything. It’s just, it’s hard getting all this together. So, that’s what the request is. We’re not asking for a check with no strings attached, or you lose control or anything like that. Everything’s got to come back to Council and you have to approve its. So, you’d be well aware of the plan. That’s one way to do it. A second way to do it is if Council would commit to putting up the transmitters. For the people that aren’t aware of the ARBOT program, since it’s not hard wired with regular wires. Everything’s through transmitters. So, it’s all wireless. And, the first and necessary thing that has to be done, before you do anything else, is you’ve got to put transmitters up, either on towers or water tanks. And, I’ve been told by Lauttammus Communications that that’s about twelve to fifteen thousand dollars per tower per tank. So, you’re looking at about thirty thousand dollars just to put two transmitters up. You can have as many cameras as you want. But, without those transmitters where the camera shoots the signal up there and it shoots it back down to the police department, it’s not functional. If Council chooses, if you don’t like the first option, you all could commit to keep the money in house and commit to putting the transmitters up. And, we need two by the way and I believe Sergeant Redish or Chief Marshall could better speak to that. But, Roger Cowan from Lauttammus has done, I guess there’s GPS signaling and mapping and stuff, so they determined that we would cover about two thirds of downtown with two transmitters. Eventually we’re going to need a third one once you get up on the hill, you’re even going to need more up there, but this is just the first phase of hopefully multiple phases. So, it’s really two options if you all, if you all don’t want to do it, you know, the first way. Even if you just choose the second option to buy the transmitters, make no mistake about it, the Weirton Heights Rotary or the Downtown Business Group is coming back before Council and getting you all to sign off on whatever is, the cameras that’s going to be purchased and we’re going to just hand it over to you all. I just want to get your blessing on it. So, you’re not going to be cut out of the loop. Just things are happening really fast. We got the Mardi gras event. This year, unfortunately, it’s early. You know, Easter and Fat Tuesday falls, I guess there’s about a 30 day swing. Unfortunately, this year it’s at the beginning of February, so we’re on a tight timetable here. So, I just wanted to clear up some information or misinformation that Mr. Moore had presented to you all. I don’t know if you have any questions on that or…Yes, sir.”
Councilmember Fijewski commented, “Mr. Guida, option 3. What are your thoughts in regards to having Council approve a matching fund up to $25,000 and committing that amount of money for the purchase of the RVOP program? I guess what I’m saying is if we commit up to $25,000 and you guys make 40, great. We owe you $65,000. But the purchase of the cameras and everything else still remains within the City. I understand as George educated me on it, and you have also, about there potentially being savings by purchasing it outside of one avenue and going to another avenue. I understand that. I don’t know if it’s worth it or not. I’m still debating that in my own mind to be honest with you. But, what are your thoughts on option 3?”
Mr. Guida commented, “Um. It’s sort of a variation of option 1, which is we commit the $25,000 and we have strings…”
Councilmember Fijewski commented, “Exactly, because if the Mardi Gras gets $10,000 we’re only committed to ten. And, so if the Mardi Gras gets $30,000 we go up to a maximum of twenty-five. So, we’re not laying out $25,000 under option 1. We’re giving $25,000, committing $25,000 to the Rotary.”
Mr. Guida commented, “Regardless of what…”
Councilmember Fijewski commented, “Whatever, comes out, right.”
Mr. Guida commented, “Yes. I mean that’s up to Council, but, I mean, that’s sort of the variation of number 1. If Council wants to commit the $25,000 contingent upon final approval of the plans, the cameras, the transmitters, etc., of the whole package, that’s fair, and that’s what to be expected. And, we’d bring it back anyway even if you didn’t do that. I mean, whatever, cameras or things are going to be purchased or products through this got to come back to the Council. I mean, it would, it would just, that goes without saying, but we’re saying it anyway, that you all would have final say on this. You’re not going to be kept in the dark, and you’re actually going to have to prove it. And, that’s what Sergeant Redish is, I know he’s put a lot of hours into this so far. And, like I said Councilman Fijewski, part of the problem is things are just moving really fast because of the tight timetable with the Rotary. They delayed making their selection. They finally made it. And, then we had the holidays, and you have the Mardi gras event coming real early this year. Next year it’s at the end of February. I mean that’s a month swing, so that’s what’s being rushed.”
Councilmember Kondik commented, “What’s the final dollars and cents on the first phase?”
Mr. Guida commented, “Well, our goal is…”
Councilmember Kondik commented, “And, I understand. Forget the goal. What’s the first year’s projection, dollars and cents?”
Mr. Guida commented, “Our goal is $50,000, and as I explained to some of the Councilmen we’re hoping to just to have five phases. I mean you can have a project between $50,000 and a half a million. Into the future, hopefully and God willing, you could add more cameras, more transmitters, laptops, having it manned 24/7, etc. That’s all dependent on the number of factors, the least of which is the number of grants or money that Council would commit, etc. But, as I explained to some of the Council people, if this is the only phase we do, phase 1, and we’re done and nobody’s going to do anything else or commit any more money, Chief Marshall, he and I talked about this, he can confirm this, he believes it still needs to be done. I mean that at least gets us three or four cameras or so down in the downtown area. Those will be put in the troubled spots or areas where there’s high crime, drugs, drug activity, etc. So, the only commitment that this Council would have to make into the future for phase 1 is maintenance costs for cameras going down, etc. But, as far as purchasing additional cameras or anything, there’s no commitment you all have to make now. I mean, this is, this is a long program. It’s a long project to apply for as many grants as we can. But, so anyway, I don’t know if I…”
Councilmember Kondik commented, “What’s the maintenance on something like this after the second, third, forth year?”
Mr. Guida commented, “Well, cameras go down, you know, equipment fails, falters. They’ll come in and fix it. So, it’s relatively minimal. But, there is an expense. But, that would really be, Councilman Fijewski, the only commitment into the future I think you all would have to make right now. As far as another commitment I think it’s just a commitment to look into further phases of this. And, as I described a number of times to people is one nice part about this project is you don’t have to do it all at once. Because if you did, we wouldn’t be here. We’d need a half a million to get it done. Like if you turf a football field, you’ve got to turf it all. You can’t turf ten yards of it and leave the rest grass and come back and do it. It’s got to be all or nothing. That’s what’s nice about this is you could do it in incremental steps and stages.”
Councilmember Fijewski commented, “Just for purposes of my colleagues, I talked to Chief Marshall today on this issue and I asked if he would consider putting together a long range plan on this program because I think I’ve been around a short period of time but I’ve learned how things work, and even know it is an option in year two, three, or four to add more cameras or not to add more cameras, this things going to have a cost to it. And, for us to spend $70,000 on three cameras and stop there I think most of us would say would not be necessarily cost benefit ratio favorable analysis. So, we’re going to, if we want to make this thing really what we all hoped it would be, by the way I’m a hundred percent for it, there’s going to be, there’s going to be long term costs here. And, there’s going to be recording devices that are necessary for this. There’s going to be potentially down the road people to monitor the monitors. So, personnel costs are associated with that. Additional cameras, maintenance fees, damage, insurance costs. So, this is a great program, but I’m just as I asked the Chief, I said could he put something together, maybe one sheet, a sheet and a half or whatever, to share with us as a group so we know what we’re committing ourselves to, short term, long term. And, I would agree with what you said about we do have that option, year two, three to say we don’t want to go that way. But, I think if we really want the City to be as secure as these things can help us provide, then the answer is not three cameras. And, I think what we need to do is understand that as a group when we move forward and say ok, we’ll buy into this. How much is it going to cost us? And, if we’re committed to it, fine, let’s do it. But, let us not kid ourselves and think this $25,000 is it. It’s not.”
Mayor Harris commented, “I believe there is going to be more costs on that. That is something that we’ve all worked on, I’ve been doing with the Chief and I worked with Mr. Guida. At some point in time it would be nice if we can get there to have the officers run around with the computer system already set up in their vehicle. If something is going on, on the corner of Lee maybe, and it might take them ten minutes to get there, they can actually punch in and find out exactly what’s going on. If there’s a crime like it’s happened the other day where we had a murder, if the police weren’t acted, acted on the call I guess very quickly, we might have not, we might not know who’d done that. If we had a camera in that area, we can actually go back and see what actually occurred. So, there is going to be costs going down the road and it is a great program.”
Councilmember Fijewski commented, “On the day that they get the monitors or the laptops in the cruisers I’ll be…”
Councilmember Kondik commented, “In Myrtle Beach.”
Councilmember Fijewski commented, “…I’ll be somewhere, because that technology, particularly for the City of Weirton and the costs associated with it are going to be about the year 2020. So, I’d love to see it happen but I’m not, we’re not going to see it. But, it is an advantage, but that ain’t going to happen. The fact of the matter is it is a good program. I’m just trying to get everyone here to remember, we got two things going on here. One is we give up the twenty thousand, the twenty-five thousand to somebody else. But, two, this program is going to run a heck of a lot more in cost to make it a real positive thing for our City than $25,000. And, lastly, because we have projects like this, I just would hope that in the future we can give more consideration to these things and have more discussion on it rather than having to take a vote as quickly on something so important. But, thank you.”
Mr. Guida commented, “Councilman, you said give it to somebody else with strings attached contingent upon final approval from Council on that.”
Councilmember Fijewski commented, “I understand that. I’m still in favor of that…”
Mr. Guida commented, “So, it’s not just…”
Councilmember Fijewski commented, “….perspective, but I understand your point.”
Mr. Guida commented, “Ok.”
Councilmember Miller commented, “I’d just like to just say one thing Dan. I’m not real in favor of the way the resolution is written and I’ve advised the other Councilmen. I don’t believe that the City should designate specific taxpayer’s dollars to go a specific charitable organization. I think we should create a line item in the budget for contributions. We have one in there now, (unintelligible), and designate these funds to go to the City on a line item in the General Fund and then a decision by Council to distribute that money to the cause. It’s set to have a resolution that says this money is specifically going to the Weirton Rotary. It’s not a good precedent to set, because we have a lot of charitable organizations that are coming here to ask the City, and I can see them lining up tomorrow, if we’ll donate to their cause. This is a specific cause. I understand that guys. I’m all for the cause. But, I think the way the resolution is written, I disagree with. I think it should be a separate line item for the general ledger and move on from there. It’s still going to be appropriated for the same reason, but it passes through the City’s general fund.”
Mr. Guida commented, “Well, Councilman Miller, once we’ve all, assuming you all do that and the money is to be appropriated, is it just paid directly to the distributor of the equipment or does it pass through anybody or…”
Councilmember Miller commented, “Well, I think that’s one way. If we’re going to receive cost and then, and the money’s allocated to that line item. It’ll cover the cost of the invoices as they come in and pay them. Our part of this, our part of the operation is the City will pay out the twenty-five dollars as we receive the invoices.”
Mr. Guida commented, “I didn’t have the opportunity to read the resolution, but I’m just asking for a financial commitment to the ARBOT Program. That’s what’s important to us is that the money makes it for the project itself and the program.”
Mayor Harris commented, “Ok. Thank you.”
Mr. Guida commented, “Thank you.”
OLD BUSINESS
Ordinance No. 1558 (Second Reading) AMENDMENT NO. 678 TO THE TRAFFIC CONTROL MAP ORDINANCE NO. 214 OF THE CITY OF WEIRTON (RESCIND ORD. NO. 1056, AMENDMENT NO. 453, WHICH ESTABLISHED A NO PARKING ZONE ON WELLS STREET IN FRONT OF THE FORMER EDGEWOOD SCHOOL BETWEEN THE HOURS OF 8 AM AND 10 AM AND BETWEEN THE HOURS OF 2 PM AND 4 PM) – COUNCILMAN ASH.
Motion was made by Councilmember Ash, second by Councilmember Jones. The motion carried by majority, 7/0.
Ordinance No. 1559 (Second Reading) AMENDING ARTICLE 9, TABLE 1 – PERMITTED LAND USE TABLE OF THE UNIFIED DEVELOPMENT ORDINANCE (UDO) AS RECOMMENDED BY THE WEIRTON PLANNING COMMISSION IN REGARDS TO TATTOO PARLOR / BODY PIERCING IN C-3 ZONED DISTRICTS – WEIRTON PLANNING COMMISSION RECOMMENDATION.
Motion was made by Councilmember Dalrymple, second by Councilmember Kondik. The motion carried by majority, 6/1, with Councilmember Ash voting no.
Ordinance No. 1560 (Second Reading) AUTHORIZING THE CITY MANAGER TO ENTER INTO INTERGOVERNMENTAL COOPERATION AGREEMENT WITH HANOVER TOWNSHIP, PENNSYLVANIA FOR DEVELOPMENT OF PROPERTY LOCATED ON OR NEAR KATHLEEN WAY AND VALLEY WAY IN THE CITY OF WEIRTON – CITY MANAGER DUFOUR.
Motion was made by Councilmember Fijewski, second by Councilmember Ash. The motion carried by majority, 7/0.
Ordinance No. 1561 (Second Reading) TO ESTABLISH A BEAUTIFICATION PROJECT FOR ALL MUNICIPAL COURT CONVICTIONS – MAYOR HARRIS AND COUNCILMEMBER ASH.
Motion was made by Councilmember Ash, second by Councilmember Fijewski. The motion carried by majority, 7/0.
Ordinance No. 1562 (Second Reading) AMENDMENT NO. 679 TO THE TRAFFIC CONTROL MAP ORDINANCE NO. 214 OF THE CITY OF WEIRTON (RESCIND ORD. NO. 765, WHICH ESTABLISHED A “NO RIGHT TURN ON RED 8 AM TO 4 PM” AT THE SOUTHWEST INTERSECTION OF LEE AVENUE AND MAIN STREET AND AT THE NORTHEAST INTERSECTION OF LEE AVENUE AND MAIN STREET. – COUNCILMEMBER ASH
Motion was made by Councilmember Ash, second by Councilmember Jones. The motion carried by majority, 6/1, with Councilmember Dalrymple voting no.
Ordinance No. 1563 (Second Reading) PROHIBITING THE KEEPING OF WILD ANIMALS AND REPTILES – MAYOR HARRIS.
Motion was made by Councilmember Ash, second by Councilmember Jones. The motion carried by majority, 5/2, with Councilmember Dalrymple and Councilmember Kondik voting no.
Ordinance No. 1554 (Second Reading) (TABLED – 12/10/2007) ENACTING AND AMENDING THE RULES AND REGULATIONS FOR TOWING AND ROTATION LIST FOR THE CITY OF WEIRTON AND AFFILIATED 9-1-1 SERVICE. – MAYOR HARRIS
A motion to remove the item from the table was made by Councilmember Ash, second by Councilmember Kondik. The motion to remove from the table carried by majority, 5/2, with Councilmember Dalrymple and Councilmember Fijewski voting no.
A motion to accept the ordinance was made by Councilmember Ash, second by Councilmember Jones.
Councilmember Miller commented, “I’d like to amend the motion. I’d like to make and amendment that we delete the reference to the rotator in section 4.15.”
Councilmember Fijewski made a second to the motion.
Councilmember Kondik commented, “Say it again. Say that. I didn’t hear you. Say it again.”
Councilmember Miller commented, “I’m making an amendment to the ordinance to delete the reference to the requirement of a rotator in section 4.15.”
Councilmember Ash commented, “If I may remind Council that if this is approved then it goes back to the first reading.”
Mayor Harris commented, “Any commented, any other comments.”
Councilmember Fijewski commented, “In my brief time on Council this has probably been one of the most frustrating resolutions, or ordinances, that I’ve had to deal with. I don’t understand why no where else in the State of West Virginia is there a requirement that to be a towing service made to have a rotator, no where. No where else in the State of West Virginia is that a requirement. Two, no where that I could find in Pennsylvania and no where that I could find in Ohio is there such a requirement. So, I don’t understand the uniqueness of Weirton, particularly only one company has the vehicle. As to why we find it necessary to have this as part of this ordinance. In addition to that, as was pointed out by Nick, the police officers are doing a great job in using their discretions on the incident that he presented to us where he saved a life, and I congratulate for that...”
Mr. Cosenza commented, “Wait.”
Councilmember Fijewski commented, “No. Let me finish. …that he wasn’t on call. But, he was still called out to do that service and appropriately so. That other thing is that two years ago this City Council and Councilman Moore I believe if still around, put together a document that was supposed to resolve all of these issues among the three companies. Here we are three years later right back where we started from having the same problems and the same complaints. They deserve each other. They have sidebar agreements among themselves to give referrals. They have sidebar agreements with other companies out of state to get this vehicle towed, to handle that, to get cars to get repaired. They have all this going on, but when they have problems they want to come to this body and they want us to play Solomon and solve their problems. I’m not going to do that. If you feel as was raised to this Council that people aren’t paying their appropriate tax, go to the entity that deals with taxation. If you have complaints as were raised to me that the police officers show favoritism, then come to the body and bring that to us factually, and we’ll deal with it, or to the police chief. If you fee that people aren’t abiding by the state regulations, then go to them. But, what do we get? We get nothing but accusations, accusations and accusations. And, every one of them, brought to my attention, I investigated, was not a factual basis with the exception of one. And, Nick brought to my attention that one other company had a vehicle parked in the state of, in the City of Weirton that should not have been, and he was correct. Other than that, all of the other issues about no paying taxes, for the two dollar fee per week, not doing this, not doing that, it turns out that their, we’re being asked to do something that I don’t understand why. If the police officers use police discretion in every other event, why all of a sudden do we want to take it out of their hands when it comes to getting a tow? Why? I trust the police department. I trust they’ll deal with the public. And, I’m, I guess I would look to the chief in terms of saying do you feel we have a major problem in this regard.”
Chief Marshall commented, “Are you asking sir?”
Councilmember Fijewski commented, “Yes, sir. Yes, Chief.”
Chief Marshall commented, “I know (unintelligible) the City of Weirton (unintelligible) but we have two good wrecker companies that we use for, to do our passenger vehicles and our heavy towing which is Nick’s and Greene’s Towing. We received excellent by, from both companies.”
Councilmember Fijewski commented, “Thank you Chief. So, I’ll close with the point that why is only that Weirton needs to have a rotator to qualify for heavy lifting when no one else in three states including all of West Virginia. And, by the way, there are other municipalities in the State of West Virginia that have rotator vehicles in their, in their city limits, and they don’t require it. Why is it so important that we do it? I don’t know the answer to…I think I know the answer to it, but I don’t want to go on record with that. So, with that I ask you to consider that when you, when you make your vote. Thank you.”
Councilmember Ash commented, “I would like to ask the Chief another question.”
Mayor Harris commented, “Go ahead Councilman.”
Chief Marshall commented, “Yes, sir.”
Councilmember Ash commented, “Do you believe that we need this rotator?”
Chief Marshall commented, “I believe that there could possibly be a situation where we could. But I’ve also seen, I’ve seen both companies respond. And, I’m not an expert in the field, but I’ve seen them move what we needed moved quickly and professionally without risk to anybody’s safety.”
Councilmember Ash commented, “Thank you.”
Councilmember Miller commented, “But, the equipment is available in the community Chief.”
Chief Marshall commented, “Yes, sir. It is.”
Mayor Harris commented, “(Unintelligible)”
Chief Marshall commented, “I’m sorry sir?”
Mayor Harris commented, “The equipment.”
Chief Marshall commented, “Yes. The equipment that would be made available to us, the heavy equipment is Nick’s Towing and Greene’s Towing.”
Mayor Harris commented, “Any other comments?”
ROLL CALL VOTE:
Councilmember Kondik Yes Councilmember Fijewski Yes Councilmember Dalrymple No Councilmember Miller Yes Councilmember Marsh No Councilmember Jones No Councilmember Ash No
The motion to amend the ordinance failed by majority, 4/3.
ROLL CALL VOTE:
Councilmember Ash Yes Councilmember Jones Yes Councilmember Marsh Yes Councilmember Miller No Councilmember Dalrymple No Councilmember Fijewski No Councilmember Kondik Yes
The original motion made by Councilmember Ash with second by Councilmember Jones passed by majority, 4/3.
NEW BUSINESS
Resolution to enter into contract with hdr engineering for the penco road final design and construction services. – City manager dufour
Motion was made by Councilmember Marsh, second by Councilmember Ash. The motion passed by majority, 7/0.
Resolution TO AUTHORIZE THE CITY MANAGER TO ENTER INTO CONTRACT WITH CHAPMAN TECHNICAL GROUP FOR PROFESSIONAL ENGINEERING SERVICES FOR REVIEWING APPLICATIONS FOR WIRELESS COMMUNICATIONS FACILITIES AND MODIFICATIONS IN CONJUNCTION WITH CITY ORDINANCES. – CITY MANAGER DUFOUR
Motion was made by Councilmember Ash, second by Councilmember Jones. The motion passed by majority, 7/0.
Resolution to authorize application and acceptance of community partnership program (Legislative digest) funds for dunbar school historical and educational museum, inc.
Motion was made by Councilmember Ash, second by Councilmember Jones. The motion passed by majority, 7/0.
Resolution to authorize application and acceptance of community partnership program (legislative digest) funds for renovations to the millsop community center.
Motion was made by Councilmember Ash, second by Councilmember Jones. The motion passed by majority, 7/0.
Resolution to enter into contract with the west virginia development office for community participation grant for funding for christmas lights.
Motion was made by Councilmember Ash, second by Councilmember Fijewski. The motion passed by majority, 7/0.
Resolution to authorize the city of weirton’s participation in the 2008 pittsburgh home and garden show. – city manager dufour
Motion was made by Councilmember Ash, second by Councilmember Kondik.
Councilmember Kondik commented, “I just wish all the Council and the Mayor and all the City administrators show up for this and spend some time at the, with, at the Home and Garden Show and get everybody’s feedback of what Weirton’s all about.”
Mayor Harris commented, “Thank you Councilman Kondik. Any other comments?”
The motion passed by majority, 7/0.
Resolution to authorize entering into a memorandum of agreement for the veterans’ memorial bridge lighting project. – city manager dufour
Motion was made by Councilmember Ash, second by Councilmember Jones.
Councilmember Marsh commented, “I have a question. If somebody backs out of the original agreement, does that change the number of the cost?”
Unknown commented, “That’s a good point.”
Mr. DuFour commented, “The agreement contains in a resolution section in the event that occurs all of us are to meet and decide if we want to proceed, because again all the parties have the option to (unintelligible). It would not be automatic.”
Councilmember Marsh commented, “What I’m asking is that if this is approved tonight and Jefferson County says no because (unintelligible) where in the paper that they are debating that right now. And, if Jefferson County backs out, does that change the cost?”
Mr. DuFour commented, “Our cost is what (unintelligible). Twenty-seven hundred now. So, if there are no other partners, if there are not any partners then (unintelligible).”
Councilmember Kondik commented, “This is a yearly contract, Gary?”
Mr. DuFour commented, “It’s renewable on a (unintelligible) basis yearly. It’s automatic renewal. There’s a ninety day out clause. We give ninety days notice that we may step out of the agreement as to (unintelligible).”
The motion passed by majority, 5/2, with Councilmember Marsh and Councilmember Dalrymple voting no.
Resolution to enter into contract for the purchase of uniforms for the public works department employees. – city manager dufour
Motion was made by Councilmember Ash, second by Councilmember Fijewski. The motion passed by majority, 7/0.
Ordinance No. NEW to amend ordinance no. 1313, as amended, establishing the salaries of municipal employees of the various departments within the city of weirton general fund – councilmember jones and councilmember ash
Motion was made by Councilmember Ash, second by Councilmember Jones.
Councilmember Dalrymple commented, “I feel the need to speak on this matter. As the City Manager’s well aware, I’ve been a proponent of providing much deserved raises for City employees as far back as my first term in office. And as recently as the ’07 election, I was counting on the possibility of monies generated from table game referendum being utilized for that particular expenditure. Although we all know revenue will come to the City because of the referendum, we are not positive on the amounts that are going to come our way. This was evident by WEMU, the main bargaining unit for City employees being told by this administration that money is not in place right now for (unintelligible) raises. In six months we will have a better understanding of the final financial picture when it comes to table gaming revenue. I agree with that mindset. Until we sit down and work the City’s budget for next year and we’re able to see hard numbers on table gaming revenue I feel we need to put the brakes on the proposed wage increase we’re about to vote on tonight. While I agree the position does need a bump in pay, I also feel there are at least twenty-five other positions within the City that need to be considered also. By passing this increase tonight I feel we are dealing in bad faith with the employees of the City by telling them that there’s no money available right now for raises, and then go and increase one position’s salary right after. This Council’s headed down a slippery slope right now by considering this increase at this time and the ramifications of it’s passage will damage whatever credibility this administration has with it’s employees when it comes to future salary negotiations. This increase will essentially leap frog the salary over three positions immediately, and then a total of twelve with the maximum pay increase is met. I find this very troubling to say the least. Again, until we’re able to get the hard numbers I ask Council to be fiscally responsible and think of the bigger picture of your relationship with your City employees and what the passage of this will mean to them before you cast your vote tonight.”
Councilmember Miller commented, “I’d like to make a comment. We requested a new job description for this particular job over thirty days ago. We received a partial job description this evening. There was not ample time to review that job description. It was common practice that when someone takes on additional duties a job description should be posted and have a chance to review it before you give, grant them an increase in pay. It’s a procedure that we called on only years ago when we looked at all the department heads to submit individuals that had taken on additional responsibilities and they wrote new job descriptions. And, as of this evening I don’t have a complete job description for this or have we had adequate funds at this time without a workshop, financial workshop. So, I, and the individual deserves it, but it’s not proper policy being followed for this particular increase.”
Mayor Harris commented, “Councilman, are you asking for the job description of the new duties or the old duties?”
Councilmember Miller commented, “A combination. What was added to this job that merits the increase? And, as we all know we were handed a non-complete job description before, five minutes before we walked into the Council chambers. And, we asked for this thirty days ago.”
Councilmember Kondik commented, “Plus, you also asked for it at the Finance Committee.”
Councilmember Miller commented, “Finance Committee last Thursday, we asked for it.”
Councilmember Kondik commented, “It’s not, and I agree with Councilman Miller. I do know the individual needs, or not needs, but he does deserve the pay increase.”
Councilmember Miller commented, “That’s not the question. It’s the documentation and we’re responsible to the other, other employees of the City now. If they deserve increases and had additional responsibilities then their department heads should submit those new job classifications and descriptions. That’s all I have to say.”
Councilmember Dalrymple commented, “I think we need to understand too that, that what we’re talking about right now is not, it should be not about the individual, but the job description position. Because, the individual involved who holds the position I would have to say would more than likely not hold the position for the next thirty years. But, someone else will, and we need to consider that we are talking about a position and not a person when we entertain what we’re going to do this evening.”
Mayor Harris commented, “Any other comments?”
Councilmember Ash commented, “And, I forget what year it was, but when we split the position of City Clerk and Finance Director and it’s the City Clerk by the City Charter which has never been changed, is supposed to be the Finance Director also. At that time I argued that the City Clerk needed additional revenue. It just makes sense that the City Clerk position, and I don’t know who, and I can’t remember who was in at the time and there’s been about two or three different City Clerks since then. But, the City Clerk’s position has a lot of responsibility and a lot more responsibility than most people in the City administration. And, I’d like to remind Council that this is not a union position, so it doesn’t need to go through the bargaining unit. This is a not at will employee because he’s a, this position is an appointed position. In the appointed position the only one, the only way he can be eliminated is by either five members of Council or the Mayor. And, then if the appeal comes through, the five members of Council could override the Mayor. So, just to remind you that it’s not a union position. It’s not an at-will position. It’s an appointed position that deserves the increase in pay. And, it’s, I’m, I agree. It should be the position and not the employee. And, I’ve agued this point since I can’t remember what date it was when we split those two jobs. I didn’t like the idea that we split them back then, and that was one of he reasons I didn’t like it. So, just to remind you of that.”
Mayor Harris commented, “Any other comments?”
ROLL CALL
Councilmember Ash Yes Councilmember Jones Yes Councilmember Marsh Yes Councilmember Miller No Councilmember Dalrymple No Councilmember Fijewski No Councilmember Kondik No
The motion failed by majority, 4/3.
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