A meeting of the Common Council of the City of Weirton, Hancock and Brooke Counties, was held on January 8, 2001 at 7:00 p.m. in Council's Chamber of the Municipal Building.

Councilmembers in attendance: Charlie Mitchell, D.J. Minella, John Moore, George Ash, George Kondik, David Cline, Christopher Fletcher.

City officials in attendance: Chief Cole, Rod Rosnick, Gene DelGreco, Chief Fletcher, Brae Bryant, William Fahey, Joe Cicchirillo, Melissa Farley, Terry Weigel, A.D. Mastrantoni, Dan Mastrantoni, Ric Rekowski, Valerie Means and Captain Gordon.

A motion was made by Councilmember Kondik, second by Councilmember Mitchell to approve the minutes of the December 11, 2000 Regular Session. This passed 7-0, so ordered.

Mayor Harris read a certified letter. It stated a cost break down was requested during council meetings for the work done at the Middle School parking lot. It stated the person also requested this from the mayor, city manager and public works. It stated the person was informed he would receive it in a few days, stating the Public Works Director found it wasn't sent to the city manager's office. It discussed being entitled to the cost under the Freedom of Information Act in 10 days or a lawsuit would be filed. It questioned withholding the information. Vince Oliver wrote the letter. Harris told Bryant to give any information to Cicchirillo to give to Oliver. He noted a cost break down isn't required under the Freedom of Information Act.

Joe Cicchirillo read A D. Mastrantoni's letter about the tank failure and staff's cooperation during Christmas; a disaster plan was used. It stated Chief Fletcher assisted officers with traffic on Christmas Day; Chief Cole came and made provisions for tankers. It commended the fire dept, Public Works and John Brown for calling employees out to help. It discussed six line breaks during that weekend. It named the employees who gave timely responses. Cicchirillo read where the line breaks occurred. Harris appreciated the work, saying the weather was cold and commended everyone; there was one minor glitch that needs work.

Councilmember Moore recommended Cicchirillo notify employees that city purchases should be on a separate receipt from personal items purchased. Cicchirillo said it will be done tomorrow.

Councilmember Ash stated a couple of people approached him when he entered the room so he had asked Valerie Means and Harris when they entered--the city didn't lose CDBG funding.

George Velegol thanked the water dept for finding the crack in the tank, asking what steps are being taken so it doesn't happen again. Harris said the windstorm may have created problems in the tank that made the leg leak. Mastrantoni explained test results show the water in the legs match city water; its coming from the tank itself; during the windstorm, there was buckling attached to the tanks legs that caused the two legs to take water; 37,500 gallons in each leg--not enough to set it off at the water plant; regular maintenance was done in September. Harris asked Mastrantoni to describe the maintenance. Mastrantoni said its done once during the Spring and Fall; the legs are pulled to determine atmospheric change.

Ric Rekowski announced on behalf of the art dept. of the Weirton Women's Club and library board, an exhibit from the American Library Association opens January 16^th at 6:00 p.m., titled The Frontier: An American Culture. He passed out handouts. He said Wilma Roberts of the art dept committee provided a generous gift to bring the exhibit here; it will be held on the library's lower level until February 20^th. The art dept. and library board invited mayor and council to attend the grand opening. He said it's a significant cultural event about the west; admission is free. Ms. Roberts said the art dept is very happy about the exhibit. Harris thanked her.

Vince Oliver welcomed Joe Cicchirillo, saying he's known him for a long time, a straight, honest man; people in Follansbee have high praises of him. Harris also welcomed Cicchirillo, saying its his first council meeting. Oliver commended council and the mayor for making a good decision.

Councilmember Minella reported he and Councilmembers Kondik and Moore attended Thursday's Finance committee meeting and recommended council items 2, 3, 7 & 8.

A motion was made by Councilmember Ash, second by Councilmember Kondik to authorize ordinance 1309 establishing an application process, designation and maintenance of residential disability parking spaces on public streets within the corporate municipal limits of the city of Weirton. Councilmember Cline motioned to amend to strike out the definitions, saying council received the changes on Friday; minor changes. Harris said the first amendment is the strike outs. A motion was made by Councilmember Minella, second by Councilmember Cline for the first amendment.

Councilmember Moore didn't understand the changes. Cline explained he was concerned when the definitions were drafted because staff defined any word that may be used in the future; basic definitions remain. Fahey explained the changes aren't significant; its definitions that don't apply and another reading isn't needed. Harris reminded that Cline stated he would look at the definitions.

Councilmember Ash said staff was commended last month and Harris agreed. Ash said Fahey's legal opinion might not stand when DiBartolomeo returns because Joe has said that changing the ordinance puts it back to the first reading. Ash requested it not changed.

Cline explained being concerned with the second amendment. Mastrantoni responded to Councilmember Fletcher that he was asked to develop an ordinance and did so with DelGreco, Bill and himself, saying he may have misinterpreted what Cline said but the definitions would outline every case. He agreed with Cline that they aren't mentioned in the body of the ordinance but are an administrative tool for enforcement. A roll call vote was taken with a yes is in favor of the first amendment which is the strike thought in the ordinance a no is opposed:

Councilmember Minella Yes

Councilmember Moore No

Councilmember Ash No

Councilmember Kondik No

Councilmember Cline Yes

Councilmember Fletcher No

Councilmember Mitchell No

The first amendment failed by a 4-2 vote, so ordered.

Harris said the second amendment is on page seven at the top. A motion was made by Councilmember Cline, second by Councilmember Fletcher for the second amendment on page seven. Cline explained to Councilmember Mitchell that he clarified the intent by adding "applicant and applicant dwelling location" to the sentence; the applicant must live in the house in which the permit will be issued.

Ash asked about a second reading, saying he understands the sentence as it stands--that the person has to be a resident of the dwelling. He said three learned individuals reviewed it prior, noting Mastrantoni's qualifications. Cline said he supposes he's not a learned person. Ash said he didn't say that. Harris called for order, saying it's a minor change, utilizing the application dwelling location as their primary residence. He noted the city has a contract with Fahey as city attorney and the decisions are final unless its taken to court.

Fahey said it's a clerical clarification as opposed to changing the substance of the ordinance. Councilmember Mitchell agreed this amendment states the person has to live at that residence. A roll call vote was taken with a yes is in favor of the second amendment, a no is opposed: Councilmember Moore No

Councilmember Ash No

Councilmember Kondik Yes

Councilmember Cline Yes

Councilmember Fletcher Yes

Councilmember Mitchell Yes

Councilmember Minella Yes

The second amendment on page 7 passed by a 5-2 vote.

A roll call vote was taken on the ordinance as amended with a yes is in favor, a no is opposed:

Councilmember Ash Yes

Councilmember Kondik Yes

Councilmember Cline Yes

Councilmember Fletcher Yes

Councilmember Mitchell Yes

Councilmember Minella Yes

Councilmember Moore Yes

The ordinance as amended with amendment two, passed second reading with a 7-0 vote, so ordered.

A motion was made by Councilmember Mitchell, second by Councilmember Ash to authorize ordinance 1310, amending the codified ordinances of the city of Weirton by amending and reenacting various sections of Article 717, coin-operated devices.

Councilmember Moore asked about including dollar bills. Councilmember Cline explained it removes changes and returns it to the original language and maybe could be revisited again in six months. Fahey said it returns the ordinance back to the prior since it was declared questionable for exceeding what the state tax dept. allows. Moore didn't want to keep making changes. Harris said the ordinance was enacted years ago; this takes it back to the original intent. Councilmember Fletcher explained to Moore the original ordinance was passed in 1968 and utilized the state's definitions; state statute defines the fee and not to exceed it; council can only go back to what it previously adopted based on state statutes. This passed 7-0, so ordered.

A motion was made by Councilmember Ash, second by Councilmember Mitchell to rescind the handicap parking space at 4120 Brooke Street. This passed 7-0, so ordered.

Harris said it was tabled last month. Brae Bryant said council requested a third party and in-house estimate; a third party estimate was given but it wasn't the same comparison, explaining its being revised. He said he contacted the army reserves to mitigate the cost in-house; the lieutenant seems receptive to the idea. A meeting is scheduled with Bryant, the lieutenant, mayor and city manager; the army reserves who would do the preparation of a subgrade. He said maybe the city could provide the diesel fuel; be responsible for the cost and placement of asphalt, the guard rail, drainage pipe and placement of the aggregate base. He requested it tabled until February in order to meet with the reserves and provide the in-house cost and third party cost.

Harris explained having a discussion with Mr. Hackett who was interested. Bryant said the reserves expressed interest because it was local; the reserves have commitments throughout the state, this meets their training requirements.

Bryant told Councilmember Moore he's been working on his budget and didn't have the information on the percentage of the grade but would research it.

Kondik thanked Bryant for his work.

Bryant said he and the mayor were speaking of two separate army reserve units.

Councilmember Mitchell wanted Heaslett considered and the cost, saying he understands its steeper. Harris said it will remain on the table unless there's a motion to remove. Harris communicated the WVML is holding its mid-winter conference later this year--Feb 18, 19 & 20--due to swearing in of new governor and legislature.

A motion was made by Councilmember Minella, second by Councilmember Moore to adopt a resolution authorizing council to represent Weirton residents in Brooke County Fire Levy Adjustment. This passed 7-0, so ordered.

Chief Fletcher said it authorizes the city manager to apply. Captain Gordon said it should state the city's match is $2,222; they didn't qualify for a direct reward as they had for three years; they have to compete with other agencies for $420,000; crime rate is down and there's no guarantee. A motion was made by Councilmember Ash, second by Councilmember Kondik to adopt a resolution to authorize the city manager to apply for funding for the police dept. through the LLEBG program offered through the WV division of criminal justice services. Harris said good police work is partly the reason the city isn't eligible for direct award. Gordon said due to improvements in crime, they are now in a competitive area. This passed 7-0, so ordered.

A motion was made by Councilmember Cline, second by Councilmember Minella to adopt a resolution to authorize revisions to the 2000-2001 fiscal year general fund budget. Councilmember Moore asked why the sanitation increased--commercial garbage isn't collected. Valerie Means explained it's the line item for auto maintenance and repair; it has a possibility of exceeding its budget; the monies are based on the projections for the rest of the year. Moore asked about the b&o tax decrease of $300,000. Means explained the money in the budget was a guess; based on the first quarter from the banks, she'd rather cut the budget now. Councilmember Fletcher commended Means for keeping up with council's changes. Councilmember Ash asked if the Port Authority is $20,000 from the city and $75,000 from grants. Means explained $50,000 possible from legislative digest and $25,000 possible from the WV Port Authority; the other $20,000 was moved to the other line item. A roll call vote was taken with a yes is in favor of the resolution, a no is opposed:

Councilmember Kondik Yes

Councilmember Cline Yes

Councilmember Fletcher Yes

Councilmember Mitchell Yes

Councilmember Minella Yes

Councilmember Moore Yes

Councilmember Ash Yes

The resolution passed by a 7-0 vote, so ordered.

A motion was made by Councilmember Minella, second by Councilmember Moore to adopt a resolution opposing the dumping of foreign steel. Councilmember Fletcher asked if it was a resolution only to oppose the dumping of steel or to also commit to resources. Harris explained it's a simple resolution to show support, asking the president elect to take action for the steel industry. This passed 7-0, so ordered.

A motion was made by Councilmember Minella, second by Councilmember Fletcher to adopt a resolution to support yearly RFP for water treatment plant chemicals with Sal Chemicals, Chemply Division of E+E and Greer Limestone Co. This passed 7-0, so ordered.

Harris said Gene DelGreco requested it removed from the agenda, the cost of the lights should go to the finance committee first. He removed it from the agenda. Councilmember Moore wanted to resubmit annexing the whole area. Harris explained this takes staff time and the city's interest is highway safety. Councilmember Fletcher said an identical resolution was passed in June, saying he assumes its been authorized. DelGreco said it was discussed with the mayor how and when to proceed; the cost of lighting the highway came up and Harris felt it wasn't adequately brought out the first time. DelGreco explained the Dept of Transportation has a cost for the lights but they asked for more time to check the meters.

A motion was made by Councilmember Moore, second by Councilmember Mitchell to authorize city manager's name be added to signature cards. This passed 7-0, so ordered.

A motion was made by Councilmember Minella, second by Councilmember Fletcher to adopt a resolution to enter into contract with Zoresco Equipment, Turtle Creek, PA in the amount of $10,606 for two GVW Bodies for Public Works Dept. Councilmember Moore asked if Biggio's was near the bottom for the bid for this. Bryant clarified that was for a different item, Biggio's was for the cab and chassis. This passed 6-1 with Councilmember Ash dissenting, so ordered.

A motion was made by Councilmember Mitchell, second by Councilmember Ash to extend the standard 15 feet of no parking at the north side corner of Valley Place and Ridgeway Street for 10 additional feet, east on Ridgeway Street. This passed 7-0, so ordered.

A motion was made by Councilmember Fletcher, second by Councilmember Minella to convene into an executive session consistent with WV Code 6-9-A-4(4). This passed 7-0, so ordered.

Council reconvened at 8:10 p.m.

Weirton Port Authority

A motion was made by Councilmember Fletcher, second by Councilmember Moore to reappoint Romie Castelli, 124 Forest Road to the Weirton Port Authority for a term of 1/8/2001 - 12/31/2003. This passed 7-0, so ordered.

Weirton Planning Commission -- to replace Tony Selliti. Harris said he was a long time member of the Commission; a developer; he passed away last month.

A motion was made by Councilmember Mitchell, second by Councilmember Fletcher to appoint Brian Robinson, 104 Scenic Drive to the Weirton Planning Commission to fill the unexpired term of Tony Selliti for a term of 4/1/99 - 3/31/2002. This passed 7-0, so ordered.

Harris noted he passed out a change in the administrative report; not a major change.

Mastrantoni expressed thanks for being the interim city manager. He thanked Bryant and Means for helping with the transition. He said Cicchirillo is a good choice, council should be proud for selecting him. Harris said it's a difficult time to lose Azzarello who has been with the city for many years and did a commendable job.

Councilmember Cline advised the report wasn't complete. Cole replied they weren't turned in on time. Cole explained to Ash that the new fireman doesn't replace a retiree but was due to a staff member leaving the dept for other employment. He and Chief Fletcher stated they do have vacancies.

Harris reminded council to try to attend the opening of the exhibit.

Weigel said the report wasn't included because two staff members had the flu. Councilmember Kondik said nothing's been done with the dumpsters. Weigel thought it was locked and chained. Harris told Weigel to pass out the reports.

Councilmember Cline asked about a time frame to move the comprehensive plan forward. DelGreco said it's been held off; they asked for the adoption of the plan until the zoning ordinance is finished; there might be a preliminary draft but he and Rosnick have been working with the consultants; when he and Rosnick are done, it will have to have a legal opinion.

Chief Fletcher advised a year end report was included with the monthly reports. Councilmember Minella inquired on the number of false alarms. Harris asked for the cost. Fletcher said there's a charge after six false alarms, saying he wasn't sure of the cost but a letter is sent when they're at the halfway mark.

Bryant replied to Councilmember Ash the figures for Heaslett might not be ready by February; staff had recommended Lee Avenue, but he'll get the figures to council. He explained Heaslett presents a challenge to respond to an incident in the least amount of time. Bryant replied to Councilmember Minella that Heaslett wouldn't be open all year round. Mastrantoni responded to Harris that formal action wasn't taken for a particular site but council was interested in Lee Avenue. Bryant requested a formal recommendation from council.

Councilmember Mitchell didn't understand why Heaslett wouldn't be open all year when other steep grades get cleaned. Harris opposed Heaslett or any road not opened all year. Bryant explained salt trucks have to back up on Heaslett, wait for the material to melt and back up again. Harris said Lee Avenue is a better location, explaining that if the access road is blocked, Marland Heights Road would also be blocked. He explained there's enough consensus for Lee Avenue; they should proceed; some consideration should be given to Heaslett.

A motion was made by Councilmember Minella, second by Councilmember Fletcher to approve the administrative reports, treasurer's reports and to pay the general fund and water dept. bills. This passed 7-0, so ordered.

With no further business before this, the January 8, 2001 Regular Session of the Common Council of the City of Weirton, the meeting was adjourned at 8:30 p.m.

©2001 City of Weirton HomePage, All rights reserved.
If you have questions or comments about this Web Site, please email us anytime.