WEIRTON CITY COUNCIL

 

COUNCIL MEETING - REGULAR

 

June 12, 2006 7:00 P. M.

 

A regular meeting of the Common Council of the City of Weirton, Hancock and Brooke Counties, West Virginia was held on June 12, 2006 at 7:05 P.M. in Council Chambers of the City of Weirton Municipal Building.

 

Mayor Miller called the meeting to order.

 

Councilmembers in Attendance:

Henry DeMasis                           Councilmember Ward 4

Harold Miller                              Councilmember Ward 2

Dale Moore                                Councilmember Ward 3

Jerry Miller                                Councilmember Ward 1

David Dalrymple                         Councilmember Ward 6

Frank Veltri                                Councilmember Ward 7

George Kondik                           Councilmember Ward 5

 

City Officials in Attendance:

John Brown                               Public Works Superintendent

Kessler Cole                               Fire Chief

Gary DuFour                              City Manager

Beth Gaughan                            CDBG Administrator

Thomas J. Maher, Jr.                  City Clerk

Valerie Means                             Finance Director

Rick Ohalek                                Sanitary Board

Rik Rekowski                             Mary H. Weir Public Library

Rod Rosnick                               Chief Code Official

Lance Scott                                Police Chief

Terry Weigel                              Parks and Recreation Director

John Yeager                               City Attorney

 

Others in Attendance:

Craig Howell                              Weirton Daily Times

Dan Greathouse                         Hancock County CVB

Citizens

 

Mayor Miller led the Pledge of Allegiance.

 

 

APPROVAL OF MINUTES

 

 

A motion was made by Councilmember J. Miller and second by Councilmember Kondik to approve the minutes of the:

May 08, 2006 – Regular Council Meeting

The motion carried, 7/0.

 

 

 

MAYOR’S AWARDS AND PROCLAMATIONS

 

 

NONE

 

 

COMMUNICATIONS

 

 

Mayor Miller commented, “I just have one item.  The City is trying to…uh…clean up and beautify the area…uh…surrounding the City.  Penco Road…we have hanging baskets…uh…Main Street…we have hanging baskets.  We’ve got volunteer groups…uh…planting flowers…uh…Post 10, Carol Kennedy, the Chamber, and as well as Mittal Steel now are…are in the fold, and are trying to get Main Street taken care of.  I had a conversation with…uh…Danny Greathouse…uh…CVB.  We want to start from Wellsburg and go all the way up to Chester…Route 2…each of the cities and communities…take a look at that area and get it cleaned up…spruced up…and…uh…just kind of…uh…make it pleasurable for visitors coming into the area to…uh…see how nice it really is.  So, we will have banners up in the city…uh…50 of them along the poles on Main Street.  And, we will have the city street sweeper and/or sidewalk sweeper out.  Main Street’s going to get hit within the next two weeks.  We want to take a…take a look at our city and be part of the expose that says…you know…we are here…we want to tidy up and we certainly…Councilman Kondik had said…you know…they cleaned up…the Rotary Club.  Did they not?  All the way up Marland Heights, but…uh…then again…uh…as Pogo said, ‘I have found the problem, and he is us, the humans.’  You’ve got 90 percent of the people that want to go ahead and take care and take pride in their city, but you’ve got certain other people that don’t.  But, we’re going to…we’re going to do all we can to clean up the area, and…uh…I thank those that are jumping in and helping us.  So…”

 

Councilmember Kondik commented, “You know Mayor.  On that…uh…on that note I would like to say about the…uh…Mark Cummings’ article…letter to the editor…um…about feeling…um…taking offense to the comments that were made…made in the paper.  Actually, I’m going to applaud the guy and thank him for making me aware of some of the things that I obviously didn’t realize.  So, I…I…I wish more people would take…um…offense and…uh…write letters like this.  I applaud him.  I really do.”

 

Mayor Miller commented, “Well it’s taking an interest in the community.  Constructive criticism never hurts anybody, and we do what we can to make sure.  Certainly we want to join with the other cities as well as the Hancock County Commissioners and Brooke County Commissioners to give Route 2 a seriously take a look at from city to city all the way up, so.  Any more comments on communications gentlemen?”

 

Councilmember Harold Miller commented, “I would just like to say…uh…as a representative of the…uh…Renaissance Weirton Committee that…last week at our meeting we voted to…um…donate $2,000.00 towards the flag program that the chairman…the Chamber of Commerce is…uh…is…uh…going forward with.  And, that’s to have entrances of Weirton to say, ‘Welcome To Weirton,’ and center business district will have multicolored flags that will be placed.  I just wanted to say that the Renaissance Committee did that.

Also, of course, we have our big holiday weekend coming up, and I think it’s a great of weekend for the City of Weirton.  July 1st is certainly the Fourth of July Parade, and then the Renaissance Festival.  We’ve got the Wheeling Symphony on the 3rd, I believe.  And, then on the 4th…uh…the fireworks with…uh…the City of…uh…Steubenville and Weirton off the bridge again this year.  Right Mayor?”

 

Mayor Miller commented, “That is correct.”

 

Councilmember Harold Miller commented, “So…uh…it’s a…it’s a great weekend for the City of Weirton.”

 

Mayor Miller commented, “I want to clarify one point…uh…with the…with the Chamber.  They…they are in partnership with the City.  The City is putting up the funding between Renaissance and Mayor’s Beautification concept.”

 

Councilmember Harold Miller commented, “I thought…I thought that you were lending the electricians to do the pole…”

 

(LAUGHTER)

 

(CROSSTALK)

 

Councilmember DeMasis commented, “Hey…uh…Bubba, I thought that’s a good idea.  I’d seen that the paper, you know.  But, you know, I have the downtown area.  That’s a good idea.  Don’t get me wrong.  I think the American flag should be up there always.  But, the thing that I’m…I’m a little…uh…concerned about is…I guess you’re trying to make one street beautiful…beautified in the downtown area, and that’s it.  Right?  That’s it.

 

Mayor Miller commented, “No.”

 

Councilmember DeMasis commented, “No where else?”

 

Councilmember Harold Miller commented, “No.”

 

Mayor Miller commented, “Not necessarily…”

 

Councilmember DeMasis commented, “The Catholic priest told me please and this and that.  Here I go again, but I can’t help it.  I get tons of phone calls.  You know, people are right.  We’ve gotta take care of our city.  If it’s gonna be done (unintelligible), then let’s do it.  This is fine, here.  It’s a nice day, a holiday for people to come out, go out and cheer and loosen up a little.  I don’t think that’s great.  But we’ve gotta take care of the back streets also.  People live back there also.  And, I’ll tell you.  They’re mostly older people, and they don’t deserve it.  They can’t go out there and do some of the work.  They can’t go out there to be able to cut grass.  So, it’s our turn to take care of ‘em.  That’s…what…how this country was built.  I think that’s the only way we’ve gotta do it Mayor.  Believe me.  I’m…I’m getting tired of coming in, getting the phone calls, but I still accept the phone calls.  You know people, I’m telling you, I feel sorry for you.  Americans!  You’ve gotta go out there and beg for something in this town.  This town could be beautiful.  It can.  It shows that.  It could, it could widen out, get large and everything.  And, I’ll tell you what, it could be a beautiful town.”

 

Councilmember Moore commented, “Exactly what is it that… Are we not running the street sweeper on those streets John?”

Councilmember DeMasis commented, “Never seen it yet.”

 

Councilmember Moore commented, “John?”

 

John Brown commented, “Sir?”

 

Councilmember Moore commented, “Are those…I mean…I’m sure those streets are on schedule for the sweeper.”

 

John Brown commented, “Both sweepers are broke down Councilman.”

 

Unknown commented, “Both are broken.”

 

Councilmember Kondik commented, “The brand new on is broke down already!”

 

Councilmember Veltri commented, “They’ve been broke down.  I’ve been asking for a street sweeping and we were going to get them…”

 

Councilmember Kondik commented, “We just bought the new one!”

 

Councilmember Veltri commented, “And, that’s a Layman, too.”

 

Ms. Rosohac commented, “I…I agree with him, very much so.  I don’t…this is my first council meeting, and I hope to be the first of many.  I very much agree with you on (unintelligible).

 

Unknown commented, “That’s right.”

 

Councilmember Moore commented, “Are you pleased…”

 

Ms. Rosohac commented, “I live in an area where it is not taken care of, no concern.  I’ve made numerous calls about the streets, no…no stop signs, no speed limit signs, street lights.”

 

Councilmember DeMasis commented, “Amen.”

 

Ms. Rosohac commented, “That’s why I’m here this evening.”

 

Councilmember DeMasis commented, “Amen.”

 

Councilmember Veltri commented, “You know what Mayor.  I brought that up on the Finance Committee on Thursday about the street sweeper that was broke down, and it seems no one was aware of it.  And…and  you guys said that they were out there sweeping, and I called Mr. Brown the same day to tell him that both sweepers were broke down.  I’ve been asking for some of the streets in my ward to get swept up, but they haven’t been swept up for over a month.”

 

Councilmember Kondik commented, “John…”

 

Councilmember Veltri commented, “So, it’s time for somebody here to get…get it together here.  Let’s get the sweeper fixed, the lemon here that we got.  I think we should file a complaint or whatever we got here and I think there is a lemon law here, cause I think that it is broke down every time we turn around.”

 

Mayor Miller commented, “How many times has the new one been broken down John?”

 

John Brown commented, “I think about three times Mayor.”

 

Mayor Miller commented, “And what’s been the major problem?”

 

John Brown commented, “I’m not quite sure…”

 

Mayor Miller commented, “I think…I’ll put it to you this way.  You get a hold of Brae Bryant, and have him give a directive to City Council of what the problems are.  And, I want it tomorrow so that they can have it.  Find out what is the problem, and then get back to the manufacturer.  We should have at least a year’s guarantee on that.”

 

Councilmember Kondik commented, “We just bought it!”

 

Councilmember Jerry Miller commented, “Yea…we just…we just…”

 

Councilmember Kondik commented, “We just bought it!”

 

(CROSSTALK)

 

Councilmember Veltri commented, “Like I say.  There’s a lemon law on the thing.  We would have filed a claim.”

 

Mayor Miller commented, “Well.  Find out what the conditions are.  Do we got transmission problems?  Do we have actually brushing problems?  Are they cleaning problems?  Get back, because, what was that, $85,000?  You know…if we’re not using it, because the last I heard 10 days ago, it was in the shop and out of the shop, and we were back on schedule.”

 

John Brown commented, “It went back in the shop.”

 

Councilmember Jerry Miller commented, “Can I say something?  Well, what bothers me is this is the first time I heard that both of them are down.  You just sent us a revised schedule, that was, I think, covered for August or something.  It was in our packet on Friday.  So, how can we get a revised schedule if it’s not working?”

 

Mayor Miller commented, “I…I just got a further…further comment for Mr. Bryant.  You tell him to please, any time there’s a breakdown with the street sweeper, that he get back and notify the City Manager, cause I want to know, so that we can pass it along to Council.  If we’re having that much problem with a new piece of equipment, I agree with the Councilman, we may have to go into the lemon laws, I think, to get either one (unintelligible) what we can do to fix this so that it operates and fits the schedule.  OK.”

 

Councilmember Harold Miller commented, “I’d like to state.  (Unintelligible)  Henry, I appreciate your comments.  Don’t get the Renaissance weekend and the flags that are put out on Main Street with street sweeping confused.  The other thing that people better realize in this community is we’ve paved more streets in the last two years and we are paving again this year than they did for the last ten years.  So, the streets are looking better, but the patching needs to be brought up to date.  They’re falling a little behind in the street sweeping.  But, I’ll tell you what.  I think this Council and this Administration has paved more streets and worked with the State of West Virginia to get Culler Road and Pennsylvania Avenue looking in good shape, and Main Street.  And, uh…but, there’s…there’s still a lot of work to be done.  So, it’s…it’s not…it is bad…I’ve got ‘em in my neighborhood Henry.  I’ve got one, Marshall, that’s been 50 years, and this is the first year they have ever been on the list to be…to be paved.  But, that’s…that’s not the particular issue I was addressing when you questioned me on that.”

 

Councilmember DeMasis commented, “But, you said you were… (unintelligible).”

 

Councilmember Harold Miller commented, “They are doing 50-some, 40-some, 40 streets this year.  You received a copy of the list.”

 

Councilmember DeMasis commented, “I got a copy though.  I don’t see anything downtown.”

 

Councilmember Harold Miller commented, “You submitted your streets you wanted paved.”

 

Councilmember DeMasis commented, “I wasn’t even asked!  I went up.  He…Brae Bryant told me he was going that one street I wanted done downtown.  He said he was going to do it.  He showed it to me on a piece of paper.  He never did it.  He never did it.  I went up and talked to him again.  He never did it.”

 

Councilmember Harold Miller commented, “I think that you have to address that with…uh…John and Brae and Public Works.  But, every Councilman’s request…requested to submit by (unintelligible) streets.”

 

Councilmember DeMasis commented, “I know that!  I’m not getting it!  Why don’t you understand?  I’m not getting it done!”

 

Mayor Miller commented, “OK.  Gentlemen.”

 

Councilmember DeMasis commented, “You need…you need some done up in your area too.  I’ve seen those.”

 

Mayor Miller commented, “We’re not go…we’re not going to settle it here.”

 

Councilmember Dalrymple commented, “Don’t start picking on my area Henry.”

 

(LAUGHTER)

 

Councilmember DeMasis commented, “No.  I’m just telling you.  I was up there.”

 

Councilmember Dalrymple commented, “You worry about your ward.  I’ll worry about my ward.  Thank you.”

 

Councilmember DeMasis commented, “I see.  That’s right.  You worry about yours.”

 

Mayor Miller commented, “John.  John.  Tomorrow, have Brae call the City Manager.  We’ll have a separate meeting with the Councilmen in relationship to the number of streets that we got…that we have on the list.  As Councilman Miller said, we’ve had well over…well I would say we’ll be up in the 50s.  Streets for the last two years we’ll have paved 35 one year and I think we’ll have about 20 this year coming on board somewhere.”

 

Councilmember Kondik commented, “John…”

 

Mayor Miller commented, “Essentially…where we’re at, and I know Councilman Veltri has some in his area to.  So, gentlemen, we can stay here all night and argue the streets.  It’s better that Public Works and the Councilmen either separately or singly get together and find out what streets they got a problem with and where we can go.  The bid’s already been let out.  It’s been made.  We got app…1.2 million dollars set aside for funds for the streets.  And you guys can get up and have your intramurals onto what particular streets have to be done and why.  I’m more concerned with the street sweeper and keeping our streets clean.  So, tomorrow Brae will call the City Manager.  The City Manager will get in touch with the Councilmen, and you can all come in and have your sessions.  OK.

 

Councilmember Veltri commented, “I see…I see the wrong picture in here Mayor.  I see Mr. Bryant, Brae’s not here right now.  Well, I s…think we should do.  The Manager, tomorrow morning, first thing in the morning, should call Brae and tell him of this, we have a problem here with the sweeper or the streets or whatever, and we should get this cleared up once for all.”

 

Mayor Miller commented, “I agree with you.”

 

Councilmember Veltri commented, “I don’t think…I don’t think that Mr. Brown should be the run guy between us guys here and Brae Bryant.  I think the Manager should call him tomorrow morning.  Let’s get it straightened out.”

 

Mayor Miller commented, “Well.  They will communicate tomorrow.”

 

Councilmember Veltri commented, “And, I appreciate that.”

 

Mayor Miller commented, “OK.  OK.  Moving right along.  We’re having fun.”

 

Councilmember DeMasis commented, “I am.”

 

(LAUGHTER)

 

 

CITIZEN COMMENTS

 

 

Donna Rosohac    304 Liberty Avenue, Weirton, WV 26062:

Ms. Rosohac commented, “I don’t know if you have enough time for all our remarks.”

 

Mayor Miller commented, “Well.  That’s all right.  We’d love to hear some of them.”

 

Ms. Rosohac commented, “Mayor, I think you are doing a wonderful job.”

 

Thomas Maher commented, “Will you step up to the podium please?”

 

Mayor Miller commented, “Yes.  Just step up.  State your name and address.  I want to make sure that Craig…this is probably his last session with us.  Sorry to see you go Craig, but I hope you have fun out at, I’ll call it the Burgettstown ballroom, or Brawl room, however.  Go ahead Donna.  State your name and address.”

 

Ms. Rosohac commented, “Um…yes.  Donna Rosohac and I live at 304 Liberty.  OK.  Um…Mayor, I do recall.  Do you remember me coming in a few times to talk to you in person on certain issues?  Um…every time I do report a problem to any street department, anything…um….  Nothing ever seems to get done…um….

I have moved back into Weirton.  I’ve been gone for 30 years.  I put up a…a house that’s nearly completed and…um…the area where it’s at, I left 30 years ago, came back, and the streets have not…they’re…they…they look worse now than they did when I left 30 years ago.  Uh…it’s the North End.  I went out there and found out a little bit, cause I never lived in the city.  So, you have to find out who your councilman is.

Just…just numerous problems in every department.  The Inspections Department.  I came down one day after lunch.  I had a problem.  I was out in the little hallway in the waiting area…um…sat there and heard…uh…very much sexual harassment going on…uh…didn’t feel very comfortable to go up to the window…uh…uh…did sit and wait…uh…didn’t say anything…finally got back.  But, I did have a problem with the Inspections Department…uh…on two or three different occasions.

Um…can you answer one question for me?”

 

Mayor Miller commented, “I’ll try.”

 

Ms. Rosohac commented, “If you have…if you have…if you believe you have a building code violation, and you bring it to the code official’s attention, is it not their job to take care of that for you?”

 

Mayor Miller commented, “I would think so.  Where’s…uh…where’s Rod at?  Right there.  I’ll let him…uh…answer your question then.”

 

Ms. Rosohac commented, “Well.  He…he did answer my question.  Um…I had…uh…brought it to their attention that I thought the wrong nail was used to put up some siding.  They said they would gladly look at the nail, but that I would have to pull the siding off to show them the nail.  Now is that what I pay for my inspection?”

 

Councilmember Moore commented, “We can’t handle private property.  Isn’t that correct John?  I mean…if there were damages, if she were unhappy with the way that it was removed or stored then we’d be liable.”

 

Mr. Yeager commented, “Well, I don’t know what the context is.  Are you talking about someone did a repair on your home, and you don’t like the nails they used?”

 

Ms. Rosohac commented, “No.  It was brought to my attention after the siding was put on that the wrong nail may have been used.”

 

Mr. Yeager commented, “It was put on…put on where?”

 

Mr. Rosnick commented, “On her home John.”

 

Ms. Rosohac commented, “Put on the house.”

 

Mr. Yeager commented, “On your house?”

 

Ms. Rosohac commented, “Yes.”

 

Mr. Rosnick commented, “She brought a sample.  John Serefini went out and looked at the nail.  She showed him the sample.  It looked like a proper nail.  It wouldn’t be nail we would use, but it met code.  We refused to strip the siding off, and look at the nails on the house.  Uh…we don’t have the tools or the equipment to strip siding and I don’t want the liability of pulling the siding off someone’s house and our responsibility to put it back on.”

 

Mr. Yeager commented, “Is…is that the type of nail that was used for the whole job?”

 

Ms. Rosohac commented, “Uh…it…it’s a roofing nail is what came to my attention.  That’s what it looked like, a T-headed roofing nail.”

 

Mr. Yeager commented, “And, if Mr.…Mr. Rosnick said that that fits the description of what was required to use then what would be the complaint though?”

 

Ms. Rosohac commented, “Well, also I had a…um…made an appointment with him…with Mr. Rosnick, but he never showed up.”

 

Mr. Yeager commented, “Well, that’s a different issue though.  That’s a different issue.  But…uh…what type of nails would you have thought they would have used there?”

 

Ms. Rosohac commented, “Uh…it should have been a different type of nail.  (Unintelligible)  A roofing nail is a roofing nail.  But, I’m just…for my concern, I…I…I…I don’t feel that, uh…to pull a small piece of siding, I don’t believe is…um…you know (unintelligible) to me.”

 

Mr. Yeager commented, “Well…”

 

Ms. Rosohac commented, “I mean, you pay for inspections.  Do you not?”

 

Mr. Yeager commented, “Yea, but…”

 

Ms. Rosohac commented, “…to protect the builder and to go by the building codes.”

 

Mr. Yeager commented, “If…if he’s taking…if he’s taking…uh…siding off, you want him to put it back like it looked when you…before you took it off.”

 

Ms. Rosohac commented, “Oh no.  I wouldn’t…I wouldn’t expect him to put it back.”

 

Mr. Yeager commented, “Oh.”

 

Ms. Rosohac commented, “I’d just expect him to maybe take it off with me.”

 

Mr. Yeager commented, “OK.  But if it’s…if it’s a…”

 

Ms. Rosohac commented, “But, I did that myself.”

 

Mr. Yeager commented, “If it’s a galvanized…”

 

Ms. Rosohac commented, “I’m a girl, but I can handle that.”

 

Mr. Yeager commented, “If it’s a galvanized nail and it meets the code, then, I don’t know, it wouldn’t be up to us to do anything different.  I mean, if…if…if…so long as it’s long enough, I would think would be more of a problem.”

 

Mayor Miller commented, “Did you…”

 

Mr. Yeager commented, “If they were real short ones, they wouldn’t go into the wood.”

 

Mayor Miller commented, “…talk with a contractor?  Did you talk with a contractor?  I mean…”

 

Ms. Rosohac commented, “Yea, I did.”

 

Mayor Miller commented, “And?”

 

Ms. Rosohac commented, “And, of course, he…he…he said there…there…he was not aware of any code (unintelligible) what type of nails we could use.”

 

Mayor Miller commented, “What…”

 

Ms. Rosohac commented, “He’s a reputable contractor, so then I brought it back to…you know…the Inspections Department.  But, just numerous…I mean, I could go on and on…”

 

Mayor Miller commented, “I’ll tell you what you can do for me, if you would.  Just, go ahead and make up a list of them.  You and I can sit down and chat and…”

 

Ms. Rosohac commented, “I’d like to come in and see you maybe Monday.  And, when I call, you do return my calls, and I…I appreciate it.  I…I wouldn’t have got my…um…building permit if it wasn’t for you, because the Inspections Department told me after nine weeks that they lost my blueprints.  So, just…I mean, this is the kind stuff I’m here to talk about...”

 

Mayor Miller commented, “Well, we…we talk about our street sweeper and the lemon law, and this may…you may be one of those that I call Mr. Mincik (sp) like Lil’ Abner, got the cloud hanging over you.  Whatever you’ve got a problem with, you come in, you come to see me or the City Manager.  We’ll see what we can do.”

 

Ms. Rosohac commented, “Uh huh.  I’ve been to Gary’s office also.”

 

Mayor Miller commented, “Well, we aim to please.  We want to be business friendly and citizen friendly, and we do miss the boat sometimes.”

 

Ms. Rosohac commented, “Well, I…I just…um…one of the few things I brought to…um…uh…you know, mention, I…I was told that wasn’t in the City’s budget.  Um…I would like to see if I could get a guard rail next to where my house is.  It’s a…it’s a straight down street…straight down.  There was never a house there before, but, you know, there are now.  But, I just wish that I wouldn’t have to worry about one day sleeping in the bedroom and a…and a car coming through…”

 

Mayor Miller commented, “And, that does happen, all over.”

 

Ms. Rosohac commented, “So…um…and, I don’t know who to go through…uh…Councilman for that possibly…”

 

Councilmember Jerry Miller commented, “Mrs. Rosohac.”

 

Ms. Rosohac commented, “Yes.”

 

Councilmember Jerry Miller commented, “First of all, I’m Councilman Jerry Miller.  You spoke to me earlier today.”

 

Ms. Rosohac commented, “Yes.”

 

Councilmember Jerry Miller commented, “OK.  I’ve also been out to your house about the light situation that you talked about.”

Ms. Rosohac commented, “Yes.”

 

Councilmember Jerry Miller commented, “And, Mr. Brown out there, I believe, him and Brae…uh…was out there about the water problem.”

 

Ms. Rosohac commented, “Well, that took about one year before anybody came out to take care of that.”

 

Councilmember Jerry Miller commented, “OK.  Well, I’ve only been in office a year, so…”

 

Ms. Rosohac commented, “Yea, but…I mean they know me.”

 

Councilmember Jerry Miller commented, “OK.”

 

Ms. Rosohac commented, “They don’t like me.”

 

Mr. Brown commented, “That’s not true Mrs. Rosohac.  That is not true.”

 

(CROSSTALK)

 

Councilmember Jerry Miller commented, “At this point here, I’d like the Mayor…”

 

Ms. Rosohac commented, “When I call…when I call the Street Department, when they tell me that there is no Mr. Brown working for the City!”

 

Mr. Brown commented, “We have a work order to do the guard rail before winter.  We have put a curb behind her house in the alley.”

 

Councilmember Jerry Miller commented, “OK.”

 

Mr. Brown commented, “We have built a retaining wall where the water is coming off her mother’s property…”

 

Councilmember Jerry Miller commented, “OK.”

 

Mr. Brown commented, “…and, I believe that she built on a hillside that has springs…”

 

Councilmember Jerry Miller commented, “Well, her and I have had this conversation on the springs.”

 

Mr. Brown commented, “…and on Front Street I put in a drainage system and got an easement from her mother, through Mayor Miller, to take it over through their property.  And, that catch basin was to assist her when she built her home last winter, in the wintertime.”

 

Councilmember Jerry Miller commented, “OK.”

 

Mr. Brown commented, “So, we have done plenty down there.”

 

Mayor Miller commented, “We have tried to help, but it…this…this is kind of like a public forum where we air it out, and I…”

 

Ms. Rosohac commented, “Yea.  Well, I’m not talking about the front of my house.”

 

Mayor Miller commented, “Well, what I…what I would prefer is if you got some legitimate complaints, just kind of write them up, and we’ll…we’ll address them one by one.”

 

Councilmember Jerry Miller commented, “Yea.  Cause the only two you’ve talked to me about was the water and the lights, and both of those I have addressed.  And, the light situation that we talked about earlier today, the City Manager will check out first thing tomorrow morning.  We do not get the work orders.  They do.  But, he will follow up with Kathy, his secretary, who made the order a week and a half or so ago, after I went back and took another look with Gary, and you are to get a light there on that one pole and also a skirt on the other light that was up the hill.  And, those are the only two issues that you’ve spoke with me on.  But, if there’s anything else we can be of assistance, you know, we’re here to represent you and try to help you.”

 

Ms. Rosohac commented, “Well, I appreciate that.”

 

Mayor Miller commented, “Thank you.”

 

Councilmember Jerry Miller commented, “Thanks.”

 

Ms. Rosohac commented, “You’re welcome.”

 

 

OLD BUSINESS


Ordinance: Second Reading

No. 1485:

AMENDING ARTICLE 331.01 OF THE CODE OF THE CITY OF WEIRTON (ADOPTION OF STATE LAW)

Motion was made by Councilmember J. Miller, second by Councilmember Veltri.

The motion passed by majority, 7/0.

 

ORDINANCE NO.   1485

 

ORDINANCE AMENDING ARTICLE 331.01

OF THE

CODE OF THE CITY OF WEIRTON

 

 

Article 331.01 of the Code of the City of Weirton, as amended, is hereby amended as follows:

 

331.01                          ADOPTION OF STATE LAW

 

All of the provisions and requirements of West Virginia Code Chapter 17A, 17B, 17C, and 17D, in regard to traffic regulations and laws of the road, or amendments or additions thereto, as well as any future amendments or additions thereto, insofar as such provisions and requirements can have application within the City, are hereby adopted and made a part hereof, provided that local regulations shall not be affected by the adoption of the State Law under this section.  No person shall fail, neglect, or refuse to comply with the provisions and requirements adopted herein.

 

The Ordinance shall become effective thirty (30) days after passage.

 

 

First Reading:                         May 8, 2006

Publication Date:                    May 15, 2006

Second Reading:                     June 12, 2006

 

                                                                                                                                               

                                                                        Mayor

 

ATTEST:

 

                                                                       

City Clerk

 


Ordinance: Second Reading

No. 1486:

AMENDING ORDINANCE NO. 1334 AND SECTION 797-02 OF THE CODE OF ORDINANCES OF THE CITY OF WEIRTON, RAISING THE HOTEL OCCUPANCY TAX FROM THREE PERCENT TO SIX PERCENT.

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

 

Councilmember DeMasis commented, “Can I say a couple of words?  Mayor, I know you like me.  So, I just thought I’d tell you, you know, I’m going to vote against this?”

 

Mayor Miller commented, “Against what?”

 

Councilmember DeMasis commented, “What we were just talking about.”

 

Mayor Miller commented, “Oh.  I’m sorry.”

 

Councilmember DeMasis commented, “I’m going to vote against it.  I don’t know why you would want to…try to get someone closed…try to close somebody up with taxes…with taxes.  I…I can’t see that.  I…I don’t…you know, times are tough anyhow.  You know we don’t have jobs here.  You’re…you’re gonna go along with something like this.  You know, that’s fine.  I’m sure you have something in mind be…to use this.  I understand that.  But, I’m sorry.  I just want to let you know.”

 

The motion passed by majority, 6/1 with Councilmember DeMasis voting against.

 

Mayor Miller commented, “For your information Council, this…Councilman, this will help increase the funding in the parks and recreation area, and you have been one of the Councilmen citing the lack of facilities in your particular ward.  And, part of the money we’re trying to ascertain in here would be to do something in your ward or in the bigger.  So, you voted against it, and that’s your prerogative.  I’m just saying this is essentially what we have going, and…uh…it has nothing to do with a tax against the people that’s in the City of Weirton.  This will tax…”

 

Councilmember DeMasis commented, “I understand that.”

 

Mayor Miller commented, “This will tax those…those coming in using hotel/motel. OK.  Everywhere you travel in this great nation of ours, you will pay anywhere from 6 to 13 percent anytime you rent a hotel/motel room.  I spent 30 years traveling, and every…even in Venezuela, they had a tax down there.  So, believe me Councilman, it’s not nothing that we’re doing to harm the City of Weirton.  What we’re going to try to do is use the funds for recreation in parks, as well as the CVB.  So, be that as it may…”

 

Councilmember DeMasis commented, “Where did you pull that out of, you socks or what?”

 

Mayor Miller commented, “No.”

 

(LAUGHTER)

 

Councilmember Moore commented, “According to the National League of Cities in the news weekly we got from them two weeks ago in our packet, the average hotel/motel tax in the U.S. is 6.2 percent.  So, we are now average.”


ORDINANCE NO.              1486

 

 

ORDINANCE AMENDING ORDINANCE NUMBER 1334 AND SECTION 797.02 OF THE CODE OF ORDINANCES OF THE CITY OF WEIRTON, RAISING THE HOTEL OCCUPANCY TAX FROM THREE PERCENT TO SIX PERCENT

 

WHEREAS the legislature of the State of West Virginia has given municipalities the authority to raise their hotel occupancy taxes to a maximum of six percent (6%) by provisions appearing at West Virginia Code section 7-18-2; and

 

WHEREAS the Common Council of the City of Weirton, Hancock and Brooke Counties West Virginia has the authority to impose taxes under the general provisions of West Virginia Code section 8-11-3 (1) et seq; and

 

WHEREAS the City currently imposes an excise tax on the occupancy of hotel rooms which is assessed at three per centum (3%) of the cost of each hotel room rented in the City, excepting only rooms which are rented in hotels having less than three (3) rooms or where any person is paying rent for the occupancy of a hotel room for more than thirty (30) days; and

 

WHEREAS Council has determined that it is in the best interest of the citizens of the City to increase the hotel tax for the purpose of supporting tourism development and increasing certain revenues;

 

NOW, THEREFORE, be it ordained and enacted by the Common Council of the City of Weirton, Hancock and Brooke Counties, West Virginia that:

 

 

1. A public hearing shall be held to hear the comments of persons affected by this measure, as well as all other citizens desiring to be heard, at 7:00 p.m. on June 12, 2006, as required by West Virginia Code section 7-18-2;

 

 

2. Notice of said hearing shall be published as a Class I notice in a newspaper of general circulation in the City;

 

 

3. Ordinance Number 1334, passed on January 7, 2002 and the version thereof codified in the City of Weirton, West Virginia Code of Ordinances as Article 797, section 2 (797.2) “Hotel Occupancy Tax,” shall be modified to provide as follows:

 

 

“§ 797.02 IMPOSITION AND LEVY OF TAX; EXCEPTIONS; RATE.

 

 

“There is hereby imposed and levied an excise tax upon the occupancy, on or after July 1, 2006, of all hotel rooms within the corporate limits of the city equal to Six Per centum (6%) of the cost of each hotel room;

provided that each tax shall not be levied on the occupancy of hotel rooms in hotels having less than three rooms or on the occupancy of any hotel room where any person is paying the consideration for the occupancy of such hotel room for 30 or more consecutive days.

 

“(Ord. 1334, passed 1-7-02); (Ord. _____, passed June 12, 2006);”

 

This ordinance shall become effective immediately upon passage.

 

 

FIRST READING:                              May 08, 2006

PUBLICATION DATE:                     May 15, 2006

PUBLIC HEARING:                          June 12, 2006

SECOND READING:                         June 12, 2006