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WEIRTON CITY COUNCIL January 13, 2003 REGULAR SESSION A regular session of the Common Council of the City of Weirton, Brooke and Hancock Counties, West Virginia, was held at 7:00 p.m. on Monday, January 13, 2003, in the Council Chambers of the Weirton City Building, with Dean M. Harris presiding. Councilmembers in attendance were Charlie Mitchell, D.J. Minella, John Moore, George Ash, George Kondik, David Cline, and Chris Fletcher. City officials in attendance were Joseph Cicchirillo, Valerie Means, William Fahey, Chief Mike Gordon, Chief Kessler Cole, A.D. Mastrantoni, Brae Bryant, Bob Riccelli, Beth Gaughan, Brian Lamp, Rik Rekowski, and Karen Orler. Mayor Harris led the Pledge of Allegiance. It was moved by Councilman Minella and seconded by Councilman Kondik to approve the minutes from the December 9, 2002 regular session, and the December 30, 2002 special session; this passed unanimously. Mayor Harris presented a proclamation to John Good, commander of American Legion Post 10, in support of the "I Am Not a Number" campaign for assistance for veterans' hospitals. This will also be sent to the state and federal legislators for their support, and Mayor Harris will present this at the Municipal League conference for their support. Mayor Harris commended Public Works on their efforts to keep the roads clear during the recent snow. He also advised that he had received a call from Mr. D'Alesio of United National Bank in reference to the recent armed robbery at their Main Street office; Mr. D'Alesio commended the officers on their work. Councilman Fletcher asked about the Public Hearing held at 4:00 p.m. this date. Mr. Cicchirillo advised that two written objections to the proposal to amend the Charter to allow the City Manager's purchasing authority to be set by ordinance were received. Mayor Harris advised that these were from Ralph Barone and William Matthew. He advised this will be on the ballot for the general election in June. Councilman Moore congratulated Mr. Bryant on removing the ice from Palomino Drive. Brian Jurosko from Sanitary Board addressed Council requesting they consider a change in the residency requirement for City employees. He advised he had brought this up to the Sanitary Board in November. He is requesting that employees be allowed to move west and east, which would be out of state. Mayor Harris felt this would be a change that the governing body would need to make, not only an autonomous board. Mr. Jurosko advised that he has researched this issue and has found that most municipalities on the river do not have a residency requirement. Mayor Harris advised that upon checking with the Municipal League he has also found that this is true. Councilman Fletcher asked about discussing this in executive session; Mr. Fahey agreed. Mayor asked Council to give this some consideration, and this could be put on the February Council agenda. Councilman Minella advised that Finance Committee did not meet since there were no items for consideration. Second Reading: Ordinance No. 1368-Amendment No. 602 to Traffic Control Map Ordinance No. 214-Establish yellow line from corner of Webster and Mason, north on Mason on west side for 43 ft. to driveway at 157 Mason: It was moved by Councilman Minella and seconded by Councilman Fletcher to approve this Ordinance at second reading; this passed unanimously. Resolution to place lien for demolition of unsafe property-2222 Weir Ave., Barbara Nadecki: It was moved by Councilman Mitchell and seconded by Councilman Minella to approve this resolution; this passed unanimously. Resolution to place lien for demolition of unsafe property-2930 Weir Ave., Alexander Lyons: It was moved by Councilman Mitchell and seconded by Councilman Ash to approve this resolution. Councilman Fletcher asked if such resolutions must be acted on by Council or if these can be done administratively. Mr. Fahey advised he believed Council must act on them. Councilman Fletcher asked if this can be delegated; Mr. Fahey will check on this. Mayor talked about the time frame. The motion for approval passed unanimously. Resolution authorizing City Manager to submit grant application to State Farm Insurance for cost of purchasing fire safety education trailer for Weirton Fire Department: Mayor Harris advised that this did not involve matching funds; this would all be grant money. It was moved by Councilman Minella and seconded by Councilman Moore to approve this resolution. Councilman Moore asked where the trailer would be placed. Chief Cole advised that it would be housed in one of the City stations and would be made available not only for the City but also for the Counties. Councilman Fletcher asked if this was an educational tool, not something that would be used at fire calls; Chief advised that was correct. The motion for approval of the resolution passed unanimously. Resolution authorizing City of Weirton to obtain fire truck for County Road Fire Station from Fire Department currently having mutual aid agreement with the City: It was moved by Councilman Mitchell and seconded by Councilman Fletcher to approve this resolution. Councilman Moore said since the volunteers were driven out of the station the City now has to borrow a truck for that station. Mayor Harris said no one drove the volunteers out; they left themselves with the equipment. He said this resolution addresses the perceived need for a truck at that station. Councilman Moore said the truck was there until the volunteers were told to leave the City. Mayor Harris advised the volunteers were not told to leave the City. Councilman Mitchell said that is not the reason for this resolution. Several residents in his ward have requested for peace of mind to have a truck stationed at County Road. Councilman Moore said he would support this because he feels the residents in that area need the protection. Councilman Cline felt this was not well thought out. Also, it is the responsibility of the management of the Fire Department to say that something needs to be added to assure peace of mind for the citizens. He felt this was outside the aim of this process, and he felt this gives a false sense of security. The City now has two paid engines on call 24 hours a day and two volunteers to be manned by volunteer squads. He did not think that there was the manpower at this time to man this truck with four people, especially since no volunteers lived near this station. He advised that Chief Cole has assured him that the area is adequately protected with the people at the stations they now have. They can go to their stations, get their equipment, and respond. Councilman Cline advised he cannot support this resolution, but he can support mutual aid agreements. Councilman Ash asked for the City Manager's opinion. Mr. Cicchirillo advised that the City is well covered, but Councilman Mitchell has been adamant about providing peace of mind for the citizens in his ward. He advised that this should be understood that this would be stand-by equipment and probably will not be used as a first responder. Mr. Cicchirillo advised that under no circumstances does he believe that the people in that area are in any danger. He advised that some residents had complimented the Fire Department on the response on some recent calls to those areas in Ward 1. Councilman Ash asked Chief Cole's opinion. Councilman Ash also said that the Charter states that it is Council's responsibility to provide for the safety of the citizens; if the City Manager feels this is in the best interest of the citizens he sees no problem with this. Mayor Harris agreed; however, he was concerned over Councilman Moore's comments. He advised the truck may never leave the station. The volunteers throughout the City would pick up the equipment from their stations and respond to calls. He advised response times in recent calls have been eight minutes. A resident of tank hill had complimented the Fire Department on a recent call; paid and volunteer units responded in a timely fashion. Mayor Harris advised there is not a need, but if stationing a truck on County Road provides peace of mind for the citizens, then that needs to be considered. Also, at no time were volunteers from Company #1 told to leave or to relinquish the equipment to the City. They were asked for the use of the equipment so that the volunteers could respond. He advised that safety is always a high priority. Staff has been talking to Follansbee and Hanover about putting a truck on County Road. Chief Cole agreed with the Mayor that at no time before July 1 were volunteers asked to leave. Without the Chief's knowledge the volunteers took the equipment and moved it. He has talked to Hanover, and there is a problem over the Pennsylvania registration of the vehicle, but this is being worked on. Follansbee can make a truck available, but they want to know for how long, and they will take it back if they need it. Councilman Ash asked if Chief Cole has any objection to this resolution. Chief did not object but did not see the need for it. Councilman Kondik expressed his concern about manning this truck. He asked if this meant taking volunteers from other areas to man it. Chief advised that the volunteers that live on Marland Heights and Weirton Heights would pick up equipment from their stations and respond to calls. Chief advised that two pumpers, a ladder, and a squad are needed to respond to a structure fire. Councilman Kondik asked if three of the four responders show up then the truck stays when they could be on another truck on their way there; Chief Cole agreed. Councilman Moore stated he believed that the City asked the County Commissioners about the truck; Mayor advised no. Councilman Moore said they asked for ownership of those vehicles, that the Chief made a statement that the taxpayers paid for the trucks. Mayor Harris advised that letters were sent to the volunteers for use of the equipment. Action was taken by Company #1 by moving the trucks to Scott Lumber and then to New Cumberland. Then the City went before the Judge for use of the equipment. Councilman Ash said it is his understanding that only one Councilman objects to the resolution, the administration does not object, but this truck will only be used as a last resort. Councilman Cline asked how this could be worded so that the City is not liable to make sure that the truck operates. He could not see borrowing something that is not planned to be used. He felt that citizens could come back and say that they are being given peace of mind but not a service. Councilman Fletcher asked Mr. Fahey about the liability issue. Mr. Fahey felt that an attorney could make the case that the equipment is kept at the station but is not manned. Councilman Mitchell advised that it was never his intention that the truck would be put on County Road just to sit, to be a showpiece.. It was never his intention that the volunteers would have to drive past their stations to get to the County Road equipment. Councilman Ash was concerned over Mr. Fahey's statement that an attorney could use this as a basis for a lawsuit if people in that area who might have a fire felt that the truck should have responded in four minutes, but the truck arrived in eight minutes. Mayor Harris brought up that the first response to a fire will be the paid departments, which are downtown and on Weirton Heights. The volunteers will man the vehicles at the stations closest to them. If the County Road truck had to be called out, the mutual aid partners would have already been called out. The County Road equipment could be used, but it would be the last resort simply because of the way the system works. Mr. Fahey asked if the City's insurance will cover a truck being on County Road not owned by the City and not being manned, which could make it more liable to vandalism. Also, will the insurance cover the volunteers driving a truck owned by someone else. Mr. Cicchirillo advised that he had already checked into this, and the insurance will cover it. Councilman Cline asked if this situation will be final or if it is for a trial period, and can it be changed. Councilman Mitchell advised that the truck will go back if the owner needs it. Mayor Harris suggested that the resolution be amended to put a 90 day time limit on it. It was moved by Councilman Fletcher and seconded by Councilman Mitchell to put a 90 day time limit on this resolution. A roll call vote was held; results were as follows: Councilman Mitchell - Yes Councilman Minella - Yes Councilman Moore - Yes Councilman Ash - Yes Councilman Kondik - Yes Councilman Cline - No Councilman Fletcher - Yes The amendment passed on a 6-1 vote. A roll call vote was called on the amended resolution; results were as follows: Councilman Minella - No Councilman Moore - Yes Councilman Ash - Yes Councilman Kondik - No Councilman Cline - No Councilman Fletcher - Yes Councilman Mitchell - Yes The amended resolution passed on a 4-3 vote. First Reading-Ordinance to establish a Weirton Office of Emergency Management: It was moved by Councilman Kondik and seconded by Councilman Cline to approve this ordinance to authorize the Mayor to establish a Weirton Office of Emergency Management and to appoint its members; this passed unanimously at first reading. Resolution to accept Planning Commission recommendation to adopt Comprehensive Plan: It was moved by Councilman Fletcher and seconded by Councilman Mitchell to approve this resolution. Councilman Fletcher advised that this has been worked on for many years; the Commission felt they needed to have the sense of Council's opinion before going further. The Commission has held two public hearings for comments. Some residents are in favor of this provided that some things occur, such as a unified development code. Councilman Fletcher advised that he and Mr. Riccelli have worked on this to make sure that this is what came out of the strategic plan. It provides for the existing zoning ordinance to remain in effect. Also, there is a provision for a select committee to come up with ordinances. The resolution is not binding; nothing is changing for administering the current ordinance. Mr. Riccelli advised that the West Virginia Code enables them to take this step. Councilman Ash advised he was thinking of abstaining from this vote. He has not seen anything on this for about a year. He had hoped to see something in his packet. He had no objections on what was done a year ago. Mayor Harris advised that nothing had changed. There were some concerns on zoning. Mr. Riccelli will work with people and developers on zoning and other concerns in putting the plan together. He discussed some of the issues they were working on. Council voted on the resolution; it passed unanimously.
Resolution in support of a northern Brooke County bridge crossing: It was moved by Councilman Cline and seconded by Councilman Mitchell to approve this resolution. Mayor Harris advised that there will be a public hearing on this issue on Wednesday at 1:30 p.m. in the Rose Room at the Millsop Community Center. Mr. Cicchirillo advised that this would be the last day for public comment. He advised that neither West Virginia nor Ohio want to put money into the upkeep of the Ft. Steuben or the Market Street bridges. These might be lost. It would be in the best interest of Brooke and Hancock Counties that a new bridge be located between Follansbee and Weirton. This passed unanimously. It was moved by Councilman Fletcher and seconded by Councilman Ash to convene into executive session consistent with West Virginia State Code §6-9-A-4 (4) to discuss litigation and personnel matters; this passed unanimously. Council convened into executive session at 7:55 p.m. Council reconvened into regular session at 8:08 p.m. It was moved by Councilman Kondik and seconded by Councilman Moore to approve the appointment of Chuck Robinson of 3645 State St. to the Weirton Planning Commission for a term of from January 13, 2003 to December 31, 2005; this passed unanimously. It was moved by Councilman Kondik and seconded by Councilman Cline to approve the appointment of Donna Fante of 3927 Palisades Dr. to the Weirton Planning Commission for a term of from January 13, 2003 to December 31, 2005; this passed unanimously. It was moved by Councilman Fletcher and seconded by Councilman Mitchell to approve the appointment of Ken Hass of 2 Fairway Hill to the Weirton Planning Commission for a term of from January 13, 2003 to December 31, 2005; this passed unanimously. It was moved by Councilman Fletcher and seconded by Councilman Moore to approve the appointment of Chris Backel of 100 Crest St. to the Weirton Planning Commission for a term of from January 13, 2003 to December 31, 2005; this passed unanimously. Police: Councilman Moore felt that more attention needs to be paid to drivers operating vehicles without their headlights on after dusk. Chief Gordon will advise his officers. Fire: Mayor Harris advised that if the ordinance for the establishment of an Office of Emergency Management passes at second reading, he has asked Capt. Lowe to chair this. Ms. Means gave the treasurer's report. It was moved by Councilman Fletcher and seconded by Councilman Mitchell to accept the administrative reports, the treasurer's report, and to pay the General Fund bills; this passed unanimously. With no further business before this January 13, 2003 regular session of the Weirton City Council, the meeting was adjourned after the closing prayer.
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