WEIRTON CITY COUNCIL
COUNCIL MEETING - REGULAR
TUESDAY, DECEMBER 10, 2007 7:00 P. M.
A regular meeting of the Common Council of the City of Weirton, Hancock and Brooke Counties, West Virginia was held on Monday, December 10, 2007 at 7:00 P.M. in Rose Room of the Millsop Community Center.
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 A. D. Mastrantoni Utilities Director Chief Bruce Marshall Weirton Police Department Valerie Means Finance Director Rik Rekowski Mary H. Weir Public Library Director Rod Rosnick Chief Code Official Terry Weigel Parks and Recreation Director
Others in Attendance: Citizens Media Weirton Daily Times, WTOV-TV 9, WTRF-TV 7
Mayor Harris led the Pledge of Allegiance.
APPROVAL OF MINUTES
A motion was made by Councilmember Ash and second by Councilmember Marsh to approve the minutes of the: November 13, 2007 – Regular Council Meeting The motion carried, 7/0.
MAYOR’S AWARDS AND PROCLAMATIONS
NONE
COMMUNICATIONS
NONE
CITIZEN COMMENTSMr. Bruce Costello 90 Seneca Street, Weirton, WV: Re: OWB Heaters, Smoke Problem Mr. Costello commented, “Once again I’m here to address Council on the problem of outdoor wood burning hydronic heaters. The reason I am here is because the problem still exits and to my knowledge nothing has been done to rectify the situation. Although Mr. Marsh was good enough to come to my house to see what was going on. Since our last meeting…”
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Mr. Costello commented, “…arthritis and pneumatic lung disease along with fibromyalgia. She was not able to use it during those days. I contacted Al Carducci at the West Virginia Clean Air Agency in Wheeling. He told my neighbor that a 15 foot stack should be added to see if it would help. That was 3 weeks ago and nothing has been done. He said it was up to the city to pass an ordinance to control the use of these heaters. This smoke according to the New Hampshire Department of Health can cause lung disease. I’ll just read a little bit of what they say. It says, ‘Smoke from outdoor wood burners contains emissions of fine particle pollutants, carbon monoxide and other organic products which from incomplete combustion such formaldehyde, benzene and aerobic hydrocarbons. When inhaled fine particles from smoke emissions are carried deep into the lung and can aggravate existing medical conditions such as asthma or lung and heart disease, as well as impair lung functions. Exposure to other pollutant in smoke such as benzene or polycyclicaromichydrocarbons can cause a diverse range of health effects including asthmatic sensitivity, lung illness and cancer.’ This is a 24/7 problem that needs to be dealt with immediately. Since no building permit was granted I think the heater should be shut down until the owner obeys the manufacturer’s recommendations of best burn practices. I went up and looked at who manufactured this, whatever you want to call it, wood burning furnace, and it was manufactured by Central Boiler in Minnesota and they recommend that there be a minimum of a hundred feet between residences, and if there is less than three hundred feet that there be at least a two foot high stack higher than the people of the residence. None of this complies with the wood burner that the man uses next to me. And, I just need something done here. I don’t know who else to go to, but, you know. I realize you have a lot of problems on the plate, but for me this is the biggest one. And, I don’t think any one of younz or anybody in this room would put up with what I’m putting up with, when you go in and you get freshly clean clothes out of the dryer and they smell like smoldering smoke. It’s ridiculous to live in a city and have to put up with this kind of thing, not to mention all the other problems that I just read to you. Now, are we going to do anything about this or are we just going to keep passing it on month to month to month. This is the second month I’ve been here.”
Mayor Harris commented, “Actually there was a report done. Where is our code official? Rod Rosnick, what has become of this?”
Mr. Rosnick commented, “Unfortunately the City of Weirton had no regulations. We also contacted Al Carducci and he did visit the site and did go along the recommendations of the manufacturer. That’s the problem. They’re recommendation, not requirements. So, you have to pass an ordinance to make the requirements for this appliance.”
Councilman Fijewski commented, “And, if Mark I could.”
Mayor Harris commented, “Go ahead.”
Councilman Fijewski commented, “Mr. Marsh, you and I had a brief discussion on this. I was asking if you knew anything about the status of it. And, it was my understanding that you were working with some folks on this. Is that accurate?”
Councilman Marsh commented, “Yes.”
Councilman Fijewski commented, “Could you maybe give us an update?”
Councilman Marsh commented, “Yes. Bruce, I don’t know that it’s going to help your immediate problem right now, but I have been gathering up some information and working with one of the officers in the fire department on this and working with Bubba. I talked to Rod today. There’s a variety of things that need to be looked at whether it’s going to be code or nuisance or enforcement and you need to get all these parties together. Now, that doesn’t solve your immediate problem. I don’t know how to do that one. Bubba, you got more experience in this than I do. Right now, I’m gathering the information so that we can come up with a policy.”
Councilman Miller commented, “Yes. Freddy and I have been working together Bruce, as he was talking. He’s got a real technical knowledge about what’s going on. We’ve asked code. There’s no violations here. We understand the situation…”
Mr. Costello commented, “Let me stop you right there. Was there a building permit issued for this?”
Councilman Miller commented, “I don’t know. That was probably a year…”
Mr. Costello commented, “There wasn’t. There wasn’t. Let me answer that question.”
Councilman Miller commented, “Well, you know in the city not everybody asks for a building permit when they do things. A lot of people…”
Mr. Costello commented, “Should they, or…”
Councilman Miller commented, “Yes, they should.”
Mr. Costello commented, “Or, should we just do away with that? Cause I had to pay, I had to pay for a building permit when, when, when I did a thing and they changed a lot of stuff that I really didn’t think was necessary, but I complied with your codes. Now, all of a sudden I got a neighbor that comes and does whatever he wants and we’re just going to let him slide.”
Mayor Harris commented, “Legally, he didn’t have a permit. Can we go and make him take this out?”
Councilman Fijewski commented, “Take it out or discontinue using it. Which one?”
Mr. Rosnick commented, “(Unintelligible). I think the problem is there’s a big difference whether it’s been there a year, five years, ten years…”
Mr. Costello commented, “The house has only been there six years, sir. And, when the original house was built it had gas heat. So, why this man would take that out to go back twenty-five years in time I have no idea.”
Mayor Harris commented, “I have, I have no problem with…”
Mr. Costello commented, “And, I guarantee he’s fifty years older…”
Mayor Harris commented, “If he did not buy the permit or he did not have you guys go out and inspect what he wanted to do, then I have no problem with him taking it out.”
Mr. Rosnick commented, “Let me be clear. If he applied for the permit today we would issue it. We have no regulations against this. So, I mean, if you want to go back and prosecute him for violating a building permit issue, whatever, two to four years ago, we can do that. But, if he came to my office today and filled out an application for this structure and meets the set back requirements of our zoning and we have no regulations on these items, we would issue a permit.”
Mayor Harris commented, “If I’m going to put an ordinance out there today, it would not, it would not help him out. I mean, it would not help this gentleman out here at all because the other buy would be grandfathered. Is that correct?”
Mr. Gurrera commented, “Unless we put a section in that you’re not grandfathered in by not getting a permit.”
Councilman Marsh commented, “That’s what I was getting to Bruce. We have to devise some way to write and ordinance so that we can do something with the current structure.”
Mr. Costello commented, “I thought this man over here just said that you can’t grandfather an ordinance.”
Mr. Moore commented, “You can’t do zoning grandfathers. Zoning does grandfather. The existing structure is grandfathered. But, you don’t grandfather a business against an ordinance that’s written, ok. That’s like saying I worked in the city before the two dollar fee was passed so I don’t have to pay it. But…”
Councilman Marsh commented, “What we need to do is write it so that you’re given thirty to sixty days to comply with the ordinance and not grandfather him forevermore so that he could correct it. But, what do we do to correct it? How high does it go with the stack? What would resolve the problem? That’s the…”
Mr. Costello commented, “The person, the person that made this thing, so I assume he’s a little bit biased anyways. He says the minimum should be a hundred feet. Well, it’s not a hundred feet from my house. That’s the first thing that can’t be complied with. And, then he says if it’s three hundred feet it should be at least two feet higher than the peak of the house. Well, he has a two story house, and my house sits, you know where I live. It’s lower than his. So, every time we have an air inversion, guess what, all the smoke lays there. And, it, it’s not like somebody’s fireplace where all the wood’s being burnt up. It’s, this, these logs lay in there and they smolder, and you know what smoldering smoke smells like, and that’s what I’m up against.”
Councilman Marsh commented, “Well, one of the things that I found doing this research to get that policy out answers that situation that you’re in. I’m still concerned about your immediate issues, so my question Rod and Jim, would this be classified as a nuisance, and as a nuisance without a permit can you issue a cease and desist until this is resolved?”
Councilman Fijewski commented, “Mr. Costello, am I mistaken? Did you not give us last month EPA recommendations on how to deal with this?”
Mr. Costello commented, “Yes, I did.”
Councilman Fijewski commented, “That’s what I thought.”
Mr. Costello commented, “But, the EPA, just like the man in Wheeling says that they want to leave it up, I mean I set through three hours of Home Rule. Well, they’re telling you they want Home Rule. They want you to take care of the problem...”
Councilman Fijewski commented, “I understand that. I just was trying to suggest that perhaps appreciating what Bub and Fred have already done, maybe one of the things we can do to help us cut through all of the language to make this thing right is maybe we could refer to the EPA recommendations. You’re saying no, Terry?”
Councilman Ash commented, “I would like to hear what the answer to his question was.”
Mr. Rosnick commented, “I don’t know how it could be classed a nuisance if it’s not illegal right now. The operation’s not illegal. There’s nuisance ordinance on…”
Mr. Costello commented, “Sir, sir, I don’t want to, I don’t want to, you know, play on your heartstring, but my brother died from lung cancer a year ago. And, to this day nobody can tell me how he got it. He did not smoke. I got a, I got a health department in New Hampshire that’s telling me that the smoke coming out of that can cause lung disease, but you’re telling me that that’s not a nuisance?”
Councilman Marsh commented, “Do we have, what do we have on the books that defines a nuisance? That’s what I’m asking.”
Councilman Ash commented, “Is there such a thing as a criminal nuisance on the books today?”
Mr. Rosnick commented, “Not that I’m aware of from the building standpoint.”
Mayor Harris commented, “We need to do something to cease, to cease the burning now until we find out what’s legal and what’s not legal. But, we have to make sure we do this so we don’t get sued also.”
Mr. Gurrera commented, “We make sure that he does have a building, that he didn’t need a building permit. We could do a cease and desist, not allow him to do a building permit, because until then do an ordinance saying he has to comply with the manufacturer’s requirements. And, then if he does that we wouldn’t have a problem if he complies with the manufacturer’s requirements. So would that…”
Mr. Costello commented, “I don’t know if I have a problem. Here’s my problem. I got a house full of smoke. I want to get rid of it. I don’t know if the manufacturer, I figure the manufacturer’s trying to sell these furnaces, so he’s going to make it the least, you know, I mean a hundred feet to him is the minimum. Well, I’m less than a hundred feet, so even to the manufacturer I’m not far enough away. These things are made for out in the country Vince. They’re not made for in the city. And what if everybody gets one. Then what are we going to have?”
Mr. Gurrera commented, “(Unintelligible) my sister’s house. I walk across the street (unintelligible).”
Mr. Costello commented, “Right.”
Mr. Gurrera commented, “I know what you’re going through.”
Mr. Costello commented, “Right. And, I mean every one of you can come up against this same problem. I mean, what am I supposed to do? Move. And, then my neighbor decides he wants to put one in. I mean, it can happen to anybody. I mean, I’m just a little guy. I mean, I ain’t got no money to go get a big lawyer, but if you start putting these in Angeline Estates I guarantee there’ll be, there’ll be lawyers down here.”
Mr. Gurrera commented, “Why can’t we say they’re in violation of (unintelligible).”
Mr. Rosnick commented, “We can do that (unintelligible).”
Councilman Ash commented, “(Unintelligible).”
Mr. Rosnick commented, “I think we can. Now, this issue if he comes in and applies for one. Not having any rule against it, can we not issue it? That would be the question. I mean, let’s be honest about it. Who…”
Mr. Gurrera commented, “Do we permit after the fact?”
Mr. Rosnick commented, “What?”
Mr. Gurrera commented, “Can you give someone a building permit after the fact?”
Mr. Rosnick commented, “We do it all the time.”
Mr. Gurrera commented, “Really.”
Mr. Rosnick commented, “We stop people at job sites every day that don’t have permits, and they come and get it. I mean the building permit ordinance is written, I mean it’s a very minimal fine for not having a building permit.”
Mr. Gurrera commented, “Yes.”
Councilman Ash commented, “Can we do this Mayor? Can we go ahead and amend the agenda to add a resolution. First off, you would go ahead and do what you gotta do because he doesn’t have a permit. And, let’s have a resolution that until the city attorney puts all the factors together and we pass an ordinance that there will be no permits issued in the city limits that goes to these (unintelligible), just a quick resolution to be put on the floor tonight and be done with it.”
Mr. Moore commented, “That’s in violation of the open meeting laws. You can’t amend your agenda at the meeting. I already got an opinion from the last (unintelligible).”
Councilman Kondik commented, “We can have an agenda and an emergency reading for this.”
Councilman Fijewski commented, “Exactly.”
Councilman Ash commented, “If we’re going to have a second reading (unintelligible). It depends. It depends on if it passed tonight or not. Or, we have a special council meeting in three days to do this if we choose to do it.”
Mayor Harris commented, “So, what are we saying?”
Councilman Ash commented, “Let’s have a special council meeting to bring this issue and get it resolved.”
Mr. Gurrera commented, “If we have to come back we can.”
Mayor Harris commented, “Are you ok with that?”
Mr. Costello commented, “Yes. I’m fine.”
Mayor Harris commented, “Just a little bit longer…”
Mr. Costello commented, “Well, at least we’re moving in the right direction, cause something, something has to be…”
Mayor Harris commented, “We want to take care of your problem. We know that that’s an issue.”
Mr. Costello commented, “Right.”
Mayor Harris commented, “We just, we’re going to do it legally, so…”
Mr. Costello commented, “I understand that, but…”
Mayor Harris commented, “I know that it’s not in you…”
Mr. Costello commented, “…this is the third month and we’re in the middle of winter and it, this is every day for me. I mean, I see you guys once a month, but this is every day for me. And, like I said my wife has health problems and she looks forward to going out in the hot tub, and she can’t. And, so, you know, it’s like where do we draw the line. And, like I said I have no problem with anything he does on his property, but when it comes down and affects my lifestyle, I don’t think anybody would have a problem with saying…”
Mayor Harris commented, “Give us a couple days to get a hold of you to set up a special meeting. Is that ok? Is everybody ok with that?”
Mr. Costello commented, “I’d like to thank all of you for giving me so much time. I realize that you’ve got a long night ahead.”
Mr. Vince Oliver 117 Heights Street, Weirton, WV: Re: Heights Street Problem Mr. Oliver commented, “Hi, I’m Vince Oliver, 117 Heights Street. I’m sure you all know me or should all know me. I’m here once again to address the problem on Heights Street which I was promised three months ago, in fact, four and a half years ago something would be done. The last time I was here which was three months ago, I was promised something would be done. Something hasn’t been done yet. Also, I brought facts and figures to prove, to disprove the article that was in the paper factually that what they said wasn’t right and what I said was, what they said wasn’t right and what I said was right. I brought facts and figures. First I’d like to say that the Traffic Commission is a total, total waste of time, and I think you people need to address it. Those people have been there since Christ walked in Jerusalem. They could care less whether traffic problems are solved. All they’re concerned with is making yellow lines and putting up stop signs. I was promised by that committee and by this committee that somebody would be up there to address the problem. Not one of those people have come up simply because I believe every one of the people on that committee live on a dead end street. So, why should they care what goes on on Heights Street, Schwartz Street, South 11th Street, School Street, Murphy Avenue and every other street in the city. Starting at 5:30 or a quart to 6:00, and I don’t think any one of you would put up with or any one of you including the chief of police. At 5:30, quarter to 6:00 the cars are flying. You cannot sleep. Impossible. The kids are going up and down the street with their loud mufflers, with their radios turned as high as they can go. We got to put up with it. Are we not citizens on Heights Street that deserve something to be done? None of you would put up with it. I guarantee it.”
Mayor Harris commented, “I thought that that problem was resolved because a few months ago I was out in the hallway of my office and you ran into the chief and told the chief that he did a good job and everything was beginning to slow down.”
Mr. Oliver commented, “I said that it was slowing down, but has got as bad if not worse. Since the time that they were up there three months ago the police came up there and set with and empty cruiser on the street, with an empty cruiser to slow the people down! They did slow down, but now it’s bad if not worse. I also stated there were tractor trailers using the street. There were delivery trucks using the street, Pepsi, Levin, Yellow Truck tractor trailer went zoom straight through the street the other day. I followed behind a Pepsi truck, thirty-five mile and hour on Heights Street. Something’s got to be done. We are citizens. We’re entitled to something be done. I asked for the street to be closed. Well, they said well, you can’t do that because there’s no other entrance. Red Rider Road was built and I’ve got documentation that says Red Rider was built to eliminate the traffic on Heights Street, Schwartz Street, Front Street. That has not been done. We deserve something to be done. I’m tired of it. You people can sit up there in your ivory towers and say oh well this is Vince Oliver complaining again. But, the people on Heights Street are afraid, because they’ve had damage done to their homes. I don’t care. I have insurance, and I’ve got a camera on my house now, and I will catch the person that does it to my house. My tires have been slashed. My window’s been broke. Eggs have been thrown at my house. Do I deserve that? You made me a promise when you run for Mayor that you would solve the problem! You made me a promise when you run for Council that I would do it!”
Councilman Dalrymple commented, “You are wrong!”
Mr. Oliver commented, “You have not been on my street!”
Councilman Dalrymple commented, “You are wrong, wrong, wrong.”
Mr. Oliver commented, “Don’t give me back talk cause I know. I’m there every day.”
Councilman Dalrymple commented, “You’re wrong. I don’t care what you say.”
Mr. Oliver commented, “I’m there every day.”
Councilman Dalrymple commented, “I never promised you anything. I never promised you.”
Mr. Oliver commented, “Yea, right.”
Councilman Dalrymple commented, “I said I would try to take care of the problem.
Mr. Oliver commented, “Yea, right. Yea, right.”
Councilman Dalrymple commented, “The word promise never came out of my mouth, so don’t put words in my mouth!”
Mr. Oliver commented, “Don’t take them out mine either.”
Mayor Harris commented, “Well, hold on. This is a professional meeting here. And, no one…”
Councilman Dalrymple commented, “Then get control of it Mayor.”
Mr. Oliver commented, “I’m tired of being professional Mark.”
Mayor Harris commented, “Hey, we gave you the help. You said it was helping, and that was it. I don’t know what you want us to do.”
Mr. Oliver commented, “But, it’s not now. That’s three months ago.”
Mayor Harris commented, “If you close the road now, all you do is push your problems then…”
Mr. Oliver commented, “No, if you close Heights Street…”
Mayor Harris commented, “…on to Schwartz.”
Mr. Oliver commented, “…and you close the entrance from Front Street, they have to use Red Rider Road. There’s already a gate at the entrance from Front Street that was used at one time.”
Mayor Harris commented, “If we closed Heights and Front and there’s an emergency and it takes and extra two minutes to get there what happens?”
Mr. Oliver commented, “You put a chain there and all you do is put a key in to open the chain! It takes three seconds.”
Mayor Harris commented, “If the key doesn’t work, what happens? You don’t understand. There’s…”
Councilman Fijewski commented, “Vince, are you legitimately suggesting that we put a gate across Heights Street? I mean is that what you’re suggesting? I’m just…”
Mr. Oliver commented, “What other solution is there Max?”
Councilman Fijewski commented, “I understand that. But, are you really suggesting that or are you just at your wits end and that’s the degree that you’re at?”
Mr. Oliver commented, “I brought a petition…”
Councilman Fijewski commented, “No, I didn’t…please answer.”
Mr. Oliver commented, “Yea, yea.”
Councilman Fijewski commented, “Ok. All right. Thank you.”
Mr. Oliver commented, “Because if people don’t want to obey the law, and the police don’t want to enforce the law.”
Mayor Harris commented, “I haven’t heard from anybody but you. I don’t understand what the problem is. I…”
Mr. Oliver commented, “I brought a petition to City Council, um, I forget the date, signed by every person on Heights Street. You know what I was told? That I’m a liar. I put the names on the petition. So, everybody on Heights Street either wants the street closed or they want something done to regulate the traffic or the speeders or whatever. Everybody on Heights Street wants something done, but the people on Heights Street don’t want to put it up, don’t want to do it because they’re afraid of the people that’ll do the damage. I pick cans up in my yard every day. I called the chief two weeks ago and told him a car just about went in my front yard. What’s it going to take, for a car to go through my house or hit one of my grandkids or one of the neighbor kids? Is that what it’s going to take? God forbid Mark. None of you would put up with it. I guarantee you wouldn’t put up with it for a day.”
Mayor Harris commented, “Have there been any citations…”
Mr. Oliver commented, “No!”
Mayor Harris commented, “Chief…”
Mr. Oliver commented, “Not one!”
Mayor Harris commented, “Chief…”
Mr. Oliver commented, “Read the paper Mark. Read the paper. Go to court every Thursday. I’ve been down there and there is not one, not one person cited for speeding.”
Mayor Harris commented, “Chief, what is going on with the issue?”
Chief Marshall commented, “Sir, Heights Street is one of the most heavily patrolled areas of the city just because…”
Mr. Oliver commented, “That’s a lie!”
Chief Marshall commented, “Sir, can I talk….just because of where it sits. We patrol that area because it sits by a high school and a middle school. Mr. Oliver did not call me with that information. And, as far as (unintelligible) go, have we received any report of any (unintelligible) in the Heights Street area? I was up there myself yesterday morning at 7:00. I saw no violations at all. My officers are up there daily. Mr. Oliver’s own statement in the paper when he was at the Traffic Commission stated that he saw my officers in the area but that they took no action. They took no action because there’s no violation. Now, by Mr. Oliver’s opinion there is, but that’s his opinion. By radar and trained police officers there are no violations. Now, I’m not saying that there’s no violations that goes through there 24 hours a day. We don’t have the manpower to patrol this area 24 hours a day. But, I would say that by Mr. Oliver’s house, he gets much more patrol than anybody else in the city does, not because of Mr. Oliver, but because of the kids. I don’t know what else to tell you, but you do get fine police protection up in that area sir.”
Mr. Oliver commented, “I am there every single day. I do not work anymore. I am there every single day just about all day every single day with the exception of a few hours a day. And, since the last time I came down here with a problem three months ago, there has not been a cruiser on Heights Street, I can guarantee you. I can get neighbors to verify it.”
Chief Marshall commented, “Sir, I was there at 7:00 yesterday morning.”
Mr. Oliver commented, “What did you do? Ride through?”
Chief Marshall commented, “Yes. I did.”
Mr. Oliver commented, “Or, did you sit there and watch?”
Chief Marshall commented, “I drove through.”
Mayor Harris commented, “But, it doesn’t matter. If a police officer is sitting there with his vehicle, I do the same thing. I’m guilty of it. I’m going to drive, and I might, maybe I’m going ten miles over the speed limit, but as soon as I see his cruiser, I’m hitting the brakes and slowing down. Now, that doesn’t mean that I’m wrong or right, but it happens. Now, if he’s got a cruiser sitting there he can’t ticket anybody because they’re slowing down before they even see him. So, I mean, what do you want me to do here? Do you want the guy just to pull people over because he thinks that they’re speeding?”
Mr. Oliver commented, “No. I want plain cars up there where people don’t know there’s a cruiser. And, then you’ll find out how many speeders…”
Chief Marshall commented, “Well, that’s what I was interested in saying. I drive an unmarked vehicle.”
Mayor Harris commented, “All right. Thank you.”
Mr. Oliver commented, “But, do you sit there with radar?”
Chief Marshall commented, “Sir, we have radar stationed up there constantly.”
Mr. Oliver commented, “But, it’s in a cruiser.”
Chief Marshall commented, “We have no violations.”
Mr. Oliver commented, “But, it’s in a cruiser.”
Mayor Harris commented, “We’ll just…”
Mr. Oliver commented, “And, if you sit and if you watch a cruiser, like he said you’re not going to go over the speed limit.”
Mayor Harris commented, “Well, Mr. Oliver…”
Mr. Oliver commented, “If it’s a plain car that you don’t know that it’s a cruiser and you have radar in it, then you don’t know it’s a cruiser.”
Mayor Harris commented, “At this time…”
Chief Marshall commented, “Sir, my goal is not to issue tickets. My goal is to stop speeding.”
Mr. Oliver commented, “You’re never going to do it.”
Mayor Harris commented, “Chief, I don’t believe you’re going to win the argument.”
Mr. Oliver commented, “There are violations…”
Mayor Harris commented, “At this time, at this time, all we can do is protect the area like we have been. Thank you.”
Mr. Oliver commented, “Same old story.”
Mr. Sean Moores 4097 Stratford Boulevard, Steubenville, OH: Re: Atomic Tattoo, Tattoo Shop Mr. Moores commented, “Hello. We’re wanting to start a tattoo studio downtown by Newbrough Photo. We’re looking at getting a text amendment to an ordinance that says there’s no tattooing and body piercing downtown and we went before the zoning commission which referred us to come here. We think it would be an asset to the downtown area. We’re in Wintersville right now. We’ve had over 30,000 customers in 2 ½ years. We wanted to, you know, revitalizing downtown I think would be good. We brought business from all over. I’ve got people from New Martinsville and Pittsburgh and Columbus, but it just seems to be hard to get people from Weirton to drive across the bridge ten minutes to get our services. We’ve come over and do some advertising print (unintelligible), and I’ve been told we don’t want to drive clear to Ohio to get that. I know there’s another studio here, but we don’t want to be up by them. We want to be right downtown.”
Mayor Harris commented, “All right. Thank you.”
Mr. Tim Reichwein 314 Lawson Avenue, Steubenville, OH: Re: Atomic Tattoo, Tattoo Shop Mr. Reichwein commented, “Hi. How you doing? I just moved to the area for this job. I brought my wife and kids from five hours from Pennsylvania. I also think it’s a good idea. It would generate business in the Weirton area for other businesses, gas, food, cigarettes, alcohol, whatever. I’ve been a tattooist for 20 years. I just, I just wanted to let you guys know I made a big commitment uprooting my family to come out here to work and I hope everything goes good with the shop.”
Mayor Harris commented, “Where are you guys at in Ohio right now?”
Mr. Reichwein commented, “Wintersville. Right across from (unintelligible).”
Mayor Harris commented, “Are you guys planning on moving your whole facility over?”
Mr. Reichwein commented, “No.”
Mayor Harris commented, “Ok. Thank you.”
Request by the City Manager to convene into Executive Session consistent with WV Code 6-9-A-4 (4) to discuss personnel matters.
Motion to convene into executive session was made by Councilmember Kondik, second by Councilmember Fijewski. The motion passed by majority, 7/0.
Motion to reconvene the city council meeting was made by Councilmember Dalrymple, second by Councilmember Ash. The motion passed by majority, 7/0.
OLD BUSINESS
Ordinance No. 1550 (second reading) AMENDING ARTICLE 9 OF THE UNIFIED DEVELOPMENT ORDINANCE (UDO) REGARDING M-1 ESTABLISHMENT AND INTENT OF ZONING DISTRICTS AS RECOMMENDED BY THE WEIRTON PLANNING COMMISSION. Motion was made by Councilmember Ash, second by Councilmember Miller.
The motion passed by majority, 6/1 with Councilmember Kondik voting no.
Ordinance No. 1551 (second reading) PROHIBITING RAKING OR DEPOSITING LEAVES OR GRASS INTO THE STREET. Motion was made by Councilmember Ash, second by Councilmember Jones.
Councilmember Fijewski commented, “Is there a penalty as part of this? Does there need to be a penalty?”
Councilmember Ash commented, “If there’s not, there’s a general penalty in the Charter that affects every ordinance.”
Councilmember Fijewski commented, “Thank you.”
Councilmember Kondik commented, “John how many people last year did we have a problem with the grass and the leaves.”
Mr. Brown commented, “Using what (unintelligible) Councilman?”
Councilmember Kondik commented, “As far as anything that was hindering to anybody else’s property, especially leaves, not the grass.”
Mr. Brown commented, “We had a good year last year, but this ordinance would be especially for (unintelligible) bag the leaves. We pick up the leaves. We have not (unintelligible) in the last 10 years.”
Councilmember Kondik commented, “If we support this and we get a leaf picker upper next year, what happens to this?”
Mr. Brown commented, “I don’t have comments (unintelligible).”
Councilmember Kondik commented, “Because you had told me that we were going to talk about it.”
Mr. Brown commented, “I had a conversation this morning with a gentleman from Pittsburgh and (unintelligible) budget this year I feel (unintelligible).”
Councilmember Kondik commented, “I got too many leaves on Marland Heights. We’ve got too many leaves on Marland Heights. These people are too old. They can’t just, they can’t all bag them. They can’t do it.”
Mr. Maher commented, “I would like to ask the Department Heads when you are speaking if you would come up to the microphone. I would appreciate it so we can hear and I can get it on record. Thank you.”
The motion passed by majority, 6/1 with Councilmember Kondik voting no.
Ordinance No. NEW AMENDING A CITY ORDINANCE RESTRICTING THE USE OF CITY-OWNED VEHICLES. Motion was made by Councilmember Ash, second by Councilmember Jones.
The motion passed by majority, 7/0.
Ordinance No. 1553 ESTABLISHING A YOUTH ADVISORY BOARD. Motion was made by Councilmember Ash, second by Councilmember Marsh.
The motion passed by majority, 7/0.
Ordinance No. 1554 ENACTING AND AMENDING THE RULES AND REGULATIONS FOR THE TOWING AND ROTATION LIST FOR THE CITY OF WEIRTON AND AFFILIATED 911 SERVICE. Motion was made by Councilmember Ash, second by Councilmember Marsh.
Councilmember Fijewski commented, “I’d like to amend the motion and ask that the item be tabled so that we can have sufficient time to digest the information we received tonight. We had a lot of things that were said by all parties concerning weights, etc., etc. and I would just like to have an opportunity to investigate those things to find out the legitimacy of them. So, I would ask that we table it at this time. Second was made by Councilmember Kondik.
Mayor Harris requested a roll call vote on the amendment.
ROLL CALL
Councilmember Fijewski Yes Councilmember Kondik Yes Councilmember Dalrymple Yes Councilmember Miller Yes Councilmember Marsh No Councilmember Jones No Councilmember Ash No
The motion to table was carried by majority, 4/3.
Councilmember Fijewski commented, “Mayor, I need to make a disclaimer in open forum.”
Councilmember Ash commented, “If you talking about that subject, you can’t.”
Councilmember Fijewski commented, “Oh. I’m not talking about that subject. I had a personal note that I want to make. Is that ok? No?”
Mr. Gurrera commented, “Does it deal with this subject?”
Councilmember Fijewski commented, “Yes.”
Mr. Gurrera commented, “No.”
Councilmember Fijewski commented, “Then I can’t. Sorry.”
Ordinance No. 1555 Amendment No. 676 AMENDING THE TRAFFIC CONTROL MAP ORDINANCE NO. 214 OF THE CITY OF WEIRTON TO ESTABLISH ONE DEDICATED RESIDENTIAL DISABILITY PARKING SPACE AT 3110 ORCHARD STREET. Motion was made by Councilmember Ash, second by Councilmember Jones.
The motion passed by majority, 7/0.
Ordinance No. 1556 Amendment No. 677 AMENDING THE TRAFFIC CONTROL MAP ORDINANCE NO. 214 OF THE CITY OF WEIRTON TO INSTALL A “TRAFFIC FROM LEFT DOES NOT STOP” SIGN TO THE CURRENT STOP SIGN LOCATED ON EUCLID AVENUE AT ITS INTERSECTION WITH MARLAND HEIGHTS ROAD. Motion was made by Councilmember Kondik, second by Councilmember Ash.
The motion passed by majority, 7/0.
Ordinance No. NEW PROHIBITING THE KEEPING OF WILD ANIMALS AND REPTILES. (Tabled 11/13/2007) Motion to remove the ordinance from the table was made by Councilmember Ash, second by Councilmember Jones.
ROLL CALL VOTE
Councilmember Ash Yes Councilmember Jones Yes Councilmember Marsh Yes Councilmember Miller Yes Councilmember Dalrymple No Councilmember Kondik No Councilmember Fijewski Yes
The motion to remove the ordinance from the table passed by majority, 5/2.
Motion to accept the ordinance as written was made by Councilmember Ash, second by Councilmember Jones.
ROLL CALL VOTE
Councilmember Dalrymple No Councilmember Kondik No Councilmember Fijewski Yes Councilmember Ash Yes Councilmember Jones Yes Councilmember Marsh Yes Councilmember Miller Yes
The motion passed by majority, 5/2.
NEW BUSINESS
Ordinance No. NEW TO RESCIND ORDINANCE NO. 1056, AMENDMENT NO. 453 TO THE TRAFFIC CONTROL MAP ORDINANCE NO. 214 OF THE CITY OF WEIRTON, WHICH ESTABLISHED NO A NO PARKING ZONE ON WELLS STREET IN FRONT OF THE FORMER EDGEWOOD SCHOOL BETWEEN THE HOURS OF 8:00 AM AND 10:00 AM AND ALSO 2:00 PM AND 4:00 PM. Motion was made by Councilmember Ash, second by Councilmember Marsh.
The motion passed by majority, 7/0.
Resolution TO ESTABLISH A COMMISSION TO STUDY THE FEASIBILITY OF ESTABLISHING A HALL OF FAME TO HONOR PROMINENT CITIZENS OF THE CITY OF WEIRTON. Motion was made by Councilmember Fijewski, second by Councilmember Ash.
The motion passed by majority, 7/0.
Ordinance No. NEW 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. Motion was made by Councilmember Jones, second by Councilmember Kondik.
The motion passed by majority, 6/1 with Councilmember Ash voting no.
Ordinance No. NEW ADOPTING AND SUBMITTING THE CITY OF WEIRTON’S HOME RULE PILOT PROGRAM APPLICATION. Motion was made by Councilmember Kondik.
The motion died due to the lack of a second.
Ordinance No. NEW TO AUTHORIZE THE CITY MANAGER TO ENTER INTO AN INTERGOVERNMENTAL COOPERATION AGREEMENT WITH HANOVER TOWNSHIP FOR THE DEVELOPMENT OF PROPERTY LOCATED ON OR NEAR KATHLEEN WAY AND VALLEY WAY IN THE CITY OF WEIRTON. Motion was made by Councilmember Fijewski, second by Councilmember Jones.
Councilmember Fijewski commented, “I would ask for my fellow Council support on this. This area as indicated here is on Kathleen Way and by entering into this agreement it would provide the city with some opportunities with our fire hydrant on Kathleen way that we do not now have. It also provides us with the potential opportunity of getting easements down to the pumping stations that exist on Valley Way and other places that we could potentially reduce the current make up of the pumping station and go to a gravity flow. That can only happen if we really get the approval of the land owner for this easement. So, I think the city has a lot of things we can gain by this and I would respectfully ask for your support. Thank you.”
Councilmember Ash commented, “I’d like to ask what the downside is. We’re making a…”
Councilmember Fijewski commented, “I don’t see any George to be honest with you. But, others may, but personally from my ward’s standpoint there’s significant value to this and the potential as I said. For example, in order for us to put a fire hydrant down at the bottom of Kathleen Way which now does not have a fire hydrant, we’re looking at in the neighborhood of sixty to seventy thousand dollars, and we have to tear up a significant portion of Kathleen Way. With this, with this line coming in to Kathleen Way from the Pennsylvania area is one example. We could reduce that cost significantly probably down to the twenty to thirty thousand range. So, that’s just one advantage. Then the pumping stations would be another. I personally don’t see any downside.”
Councilmember Ash commented, “Gary, do you have an opinion on this? (Unintelligible).”
Mr. DuFour commented, “With regard to this, I think that what has happened is we tried to work pretty well with the folks in Hanover Township. What we have here is a house that actually is better served from Weirton at the end of Kathleen Way and can be served in Hanover Township, Pennsylvania. Essentially, Hanover Township is giving the City of Weirton the authority to handle police matters and probably and possibly as we go forward utilities for this house which will front our street but actually be in Pennsylvania. So, there is the other side of it.”
Councilmember Fijewski commented, “Just one clarification on that if I could Gary. There is specific language if you get the time to take a quick look at it. There’s specific language where we become secondary police backup. The agreement does not, Hanover Township does not give it’s, give up it’s authority in dealing with police matters in this area. We would be on a secondary basis.”
The motion passed by majority, 7/0.
Ordinance No. NEW (emergency reading) AMENDING ARTICLE 18, SIGN REGULATIONS OF THE UNIFIED DEVELOPMENT ORDINANCE AS RECOMMENDED BY THE WEIRTON PLANNING COMMISSION IN REGARDS TO TOURIST ATTRACTION SIGNAGE. Motion was made by Councilmember Ash, second by Councilmember Marsh.
The motion carried by majority, 7/0.
Resolution TO PLACE LIENS AGAINST REAL PROPERTIES FOR COSTS INCURRED IN DEMOLITION OF UNSAFE PROPERTIES PURSUANT TO ORDINANCE 250. (MARION SIMS PROPERTY, 1113 COUNTY ROAD). Motion was made by Councilmember Marsh, second by Councilmember Jones.
The motion passed by majority, 7/0.
Resolution TO PLACE LIENS AGAINST REAL PROPERTIES FOR COSTS INCURRED IN DEMOLITION OF UNSAFE PROPERTIES PURSUANT TO ORDINANCE 250. (ROCK WILSON PROPERTY, 3184 HILL STREET). Motion was made by Councilmember Fijewski, second by Councilmember Jones. The motion passed by majority, 7/0.
Resolution AUTHORIZING THE CITY OF WEIRTON ATTORNEY TO ESTABLISH, DEVELOP AND IMPLEMENT A POLICY TO FILE AND EXECUTE JUDGEMENT ON PROPERTIES. Motion was made by Councilmember Ash, second by Councilmember Marsh.
The motion passed by majority, 7/0.
Ordinance No. NEW TO ESTABLISH A BEAUTIFICATION PROJECT FOR ALL MUNICIPAL COURT CONVICTIONS. Motion was made by Councilmember Ash, second by Councilmember Fijewski.
Councilmember Kondik commented, “Is this the one where we’re taking five dollars of the…”
Mayor Harris commented, “Yes. At one time we were going to do fifteen percent of all fines, and now it’s…”
Councilmember Kondik commented, “And, what are we going to do with the five dollars?”
Councilmember Fijewski commented, “Beautification.”
Mayor Harris commented, “Beautification.”
Councilmember Kondik commented, “Beautification of what?”
Mayor Harris commented, “A beautification fund.”
Councilmember Kondik commented, “In short a beautification general fund, not specific.”
Mayor Harris commented, “Yes. A general fund.”
Councilmember Kondik commented, “All right.”
The motion carried by majority, 7/0.
Ordinance No. NEW AMENDING THE TRAFFIC CONTROL MAP ORDINANCE NO. 214 OF THE CITY OF WEIRTON TO RESCIND ORDINANCE 765 WHICH ESTABLISHED A “NO RIGHT TURN ON RED 8:00 AM TO 4:00 PM” AT THE SOUTHWEST INTERSECTION OF LEE AVENUE AND MAIN STREET AND AT THE NORTHEAST INTERSECTION OF LEE AVENUE AND MAIN STREET. Motion was made by Councilmember Ash, second by Councilmember Jones.
The motion passed by majority, 6/1 with Councilmember Dalrymple voting no.
APPOINTMENTS TO VARIOUS BOARDS AND COMMISSIONS
CITIZENS WITH DISABILITIES COMMISSION
Bob Donnelly Appointment: 06/01/2007 – 05/30/2010 Hanlin Way Weirton, WV 26062 (Per Councilmember Kondik) Motion was made by Councilmember Kondik, second by Councilmember Ash.
The appointment was approved by majority, 7/0.
Terry Ewing Appointment: 06/01/2007 – 05/30/2010 3149 Elm Street Weirton, WV 26062 (Per Councilmember Ash) Motion was made by Councilmember Ash, second by Councilmember Fijewski.
The appointment was approved by majority, 7/0.
Thomas Hagg Appointment: 06/01/2007 – 05/30/2010 110 Glenview Drive Weirton, WV 26062 (Reappointment) Motion was made by Councilmember Ash, second by Councilmember Miller.
The appointment was approved by majority, 7/0.
Kimberly LaPosta Appointment: 06/01/2006 – 05/30/2008 Three Springs Drive Weirton, WV 26062 (Replacing the unexpired term of Jerry Burner) Motion was made by Councilmember Ash, second by Councilmember Miller.
The appointment was approved by majority, 7/0.
WEIRTON PLANNING COMMISSION
William Dalrymple Appointment: 01/01/2008 – 12/31/2010 213 Putnam Lane Weirton, WV 26062 (Reappointment) Motion was made by Councilmember Ash, second by Councilmember Fijewski.
The appointment was approved by majority, 6/0/1 with Councilmember Dalrymple abstaining.
Nat Mazur Appointment: 01/01/2008 – 12/31/2010 108 Country Club Boulevard Weirton, WV 26062 Motion was made by Councilmember Ash, second by Councilmember Dalrymple.
The appointment was approved by majority, 7/0.
Gino Guglielmo Appointment: 01/01/2008 – 12/31/2010 122 Culler Road Weirton, WV 26062 Motion was made by Councilmember Ash, second by Councilmember Miller.
The appointment was approved by majority, 6/1 with Councilmember Dalrymple voting no.
Mr. Maher commented, “Again, folks for the administrative reports I would request that you will come up to the podium and speak into the microphone. Thank you.”
ADMINISTRATIVE REPORTS
Public Works Mr. Brown commented, “I have nothing to report.”
Councilmember Kondik commented, “John, thanks for the great cleaning up the hill the other day. I mean, you did a terrific job not at 6:00 but at 8:00 and 10:00. I mean through the whole day you did an absolutely a terrific job and the people on Marland Heights are telling me to commend you so I thank you.”
Mr. Brown commented, “Thank you.”
Councilmember Fijewski commented, “I would agree with that John. Thank you.”
Mr. Brown commented, “Thank you.”
Councilmember Miller commented, “I have a question. Has everyone turned in their preliminary list of the paving schedule for next spring?”
Mr. Brown commented, “Yes.”
Councilmember Miller commented, “And, when are we going to get a chance to take a look at that?”
Mr. Brown commented, “Within the next couple weeks.”
Councilmember Miller commented, “Last year we got started early because we were putting the contracts out early.”
Mr. Brown commented, “Yes.”
Councilmember Miller commented, “Instead of starting late.”
Mr. Brown commented, “Well, right now we’re patching the streets, and I’m doing (unintelligible).”
Mayor Harris commented, “All right. Thank you.”
Mr. Brown commented, “Thank you.”
Councilmember Fijewski commented, “John, excuse me, is it fair to ask you when do you think that would be available to us?”
Mr. Brown commented, “Excuse me?”
Councilmember Fijewski commented, “The cost estimates of paving those streets.”
Mr. Brown commented, “I’d say within the next couple weeks.”
Councilmember Fijewski commented, “Thank you.”
Utilities Director Mr. Mastrantoni commented, “.”
TAPE CHANGE
Councilmember Kondik commented, “…about fixing that water line last night, Butch. Everybody on Marland Heights is thanking me to thank you for it. Great job.”
Mr. Mastrantoni commented, “Thank you sir.”
Police Department Chief Marshall commented, “Nothing to report.”
Councilmember Fijewski commented, “Chief, the new officers, the new patrol officers that were sworn in this past week. What’s the, educate me please, my lack of knowledge. What’s the process for them in terms of the next couple weeks and months for them?”
Chief Marshall commented, “Well, right now we started training the new guys on our policies and procedures. We’ll train them in firearms, self defense, (unintelligible), detective measures, getting them just to get ready for the academy, because the new standard of getting into the academy is how you finish on the run and other parts of the physical fitness test is how you place in the academy. So, every day we are running and getting ready for their test. That’ll be at the end of January, January 21st.”
Councilmember Fijewski commented, “When would you see these officers being available in terms of helping on staffing because I know you’re running short now?”
Chief Marshall commented, “Late spring, right before summer we should be in pretty good shape.”
Councilmember Fijewski commented, “About May 1, you think?”
Chief Marshall commented, “Yes, sir.”
Councilmember Fijewski commented, “Thank you.”
Mayor Harris commented, “Thank you.”
Code Enforcement Mr. Rosnick commented, “Nothing to report.”
Fire Department Acting Chief Lowe commented, “Nothing to report.”
Parks and Recreation Mr. Weigel commented, “I just wanted to report we are out on our own, the newer system here now. The steam has been turned off from Mittal Steel. We are up and running on our own boiler system here. We do have some kinks to work out and we’ve been going through since last Friday now it’s been just on par so, there are more internal repairs that we have been making. This system is a little different and it’s a closed loop system than the open ended that we used to get there so our staff will be continuing with repairs within the coming years throughout the building. (Unintelligible) everything’s operational right now.”
Mary H. Weir Public Library Mr. Rekowski commented, “Nothing more to offer than our third film in the film series will be December 20th at 6:30. We are going to show the Polar Express and it is a free film, and we have people coming to the free film series at the library. It’s 6:30, Thursday, December 20th. It’s going over very well. In fact we’re trying to develop a volunteer participation. People there are really great. They vacuum. They pick everything up and clean up all before they leave the room. We did show “We are Marshall.” It was a, we had about 18 people for that film, and that is the second film. Our third one is Polar Express. So, it is for the public.”
Councilmember Fijewski commented, “I wonder, have you or any member of your staff had any time to see if you could find any memorabilia or pictures or stories on the bus accident?”
Mr. Rekowski commented, “Yes. We’ve been looking. I have some material I think need to show you.”
Councilmember Fijewski commented, “Great. Thank you.”
Mr. Rekowski commented, “Yes.”
Mayor Harris commented, “Thank you.”
Finance Director
TREASURER’S REPORT
Valarie Means gave the treasurer’s report for November 2007, stating:
Beginning Cash Balance: 476,880.32 Interest: 2,162.12 Deposits: 1,162,748.82 Draw from Investments: 300,000.00 Disbursements: (1,523,735.97) Ending Cash Balance: 418,055.29 Beginning Investment Balance: 2,143,003.66 Petty Cash Fund: 700.00 Total Cash and Investments Available: 2,561,758.95
Ms. Means commented, “You had one invoice to be approved totaling $1,886.24.
Motion to approve the payment of the bills, approve the financial reports and approve all department administrative reports was made by Councilmember Ash, second by Councilmember Dalrymple.
Motion was carried by majority, 7/0.
Motion to adjourn the meeting after the closing prayer was made by Councilmember Dalrymple, second by Councilmember Marsh.
Motion was carried by majority, 7/0.
ADJOURNMENT
With no further business before this December 10, 2007 regular session of the Weirton City Council the meeting was adjourned after the closing prayer.
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