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, February 10, 2003, with Mayor Dean M. Harris presiding.

Members in attendance were Charlie Mitchell, D.J. Minella, John Moore, George Ash, George Kondik, Dave Cline, and Chris Fletcher. City officials in attendance were Joseph Cicchirillo, William Fahey, Chief Mike Gordon, Chief Kessler Cole, A.D. Mastrantoni, Bob Riccelli, Kevin Elias, and Karen Orler.

Mayor Harris led the Pledge of Allegiance.

It was moved by Councilman Kondik and seconded by Councilman Ash to approve the minutes from the January 13, 2003 regular session; this passed unanimously.

Mayor Harris introduced Cub Scouts from Pack 334 Den #3 and their leaders Jerry Rash, Bob Henry, and Kristen Fabianich.

Brian Jurosko: Mr. Jurosko, an employee of the Sanitary Board, asked if all the Council members received the letter he sent in reference to changing the residency area for City employees. Mayor Harris advised that this will be discussed in the executive session later in the meeting. Councilman Moore questioned why, since Mr. Jurosko is an employee of an autonomous board, that he was addressing Council on this. Mr. Jurosko stated that the Mayor had wanted Council to agree on this before the Board acted on this issue. Mayor Harris stated that since Council is the governing body for the City that he felt they should be given the opportunity to make this change. He did not feel that non-elected officials should be making this decision. If Council chooses not to act, then the Sanitary Board can act on this. He also advised that General Fund employees may want to have this same consideration.

Mr. Cline requested that Mr. Jurosko state his request for the record. Mr. Jurosko requested that Council make a resolution that employees can live in a 15 mile radius of the City; this would include areas outside of the State. This would also include employees of the autonomous boards.

Councilman Minella advised that the Finance Committee met on February 6, 2003, and approved agenda items 3, 4, 5, 7, 8, and 9.

Councilman Moore advised that he received the paving program report on Friday, and he was not satisfied with it. He felt that a few wards were receiving the bulk of the money. He felt that all the wards should have an equal chance at the money for paving. Councilman Fletcher felt that politics has been taken out of this system, since they are now relying more on the Public Works Department rating system that was adopted. He agreed that some wards seem to be getting more, but he is happy with the rating system. It relies more on rating areas where work is needed. Councilman Cline felt that staff has done its best, but he also felt that if an area needs to be repaired that this will be looked at again before spring because of the weather.

Second Reading, Ordinance No. 1369-Amending Article VII, Section 1, Paragraph 3, subparagraph (f) of Weirton City Charter (City Manager Spending Authorization): Mayor Harris advised that this was approved at the first reading; however, two complaints were received at the public hearing. After consideration tonight, it will appear on the general election ballot. It was moved by Councilman Fletcher and seconded by Councilmember Minella to approve this ordinance. Councilman Fletcher voiced his disappointment that the written complaints have forced this onto the ballot. He has received comments from the community that this should be changed. He felt that this change would make things run more efficiently. This ordinance passed at second reading on a 5-2 vote, with no votes being cast by Councilmen Moore and Ash.

Second Reading, Ordinance No. 1370-Establish Weirton Office of Emergency Management:

It was moved by Councilman Cline and seconded by Councilman Minella to approve this ordinance. Councilman Moore asked if the counties have such an office; Mayor Harris advised that both counties have an office of emergency services. Councilman Moore asked if the City could use the counties' offices. Mayor Harris advised that the City has used these before, but there are grants that the City could apply for that would be focused solely on the City. Councilman Moore asked how many people will be in this office. Mayor Harris advised that Capt. Lowe would be in charge with seven members. These would be non-paid positions. This ordinance passed unanimously at second reading.

Mayor Harris requested a motion to convene into executive session consistent with West Virginia State Code §6-9-A-4 (4) to discuss litigation and personnel matters. This motion was made by Councilman Fletcher and seconded by Councilman Ash; this passed unanimously. Council convened into executive session at 7:15 p.m.; they reconvened into regular session at 7:50 p.m.

Added Item to Agenda-Resolution to Purchase Liability Insurance: Mayor Harris requested to suspend Roberts Rules to add an item; this was moved by Councilman Fletcher and seconded by Councilman Minella; this passed unanimously. Mayor Harris advised that the resolution was to authorize the City Manager to enter into contract with Accordia St. Paul for liability insurance for the City in the amount of $480,696.28. Mayor Harris advised that staff learned today at 2:00 p.m. that this need to be acted upon tonight so that this could be finalized this month. It was moved by Councilman Mitchell and seconded by Councilman Minella to approve this resolution. Councilman Minella asked about the increase from last year; Mr. Cicchirillo advised that it was 25 percent; last year's cost was $385,000. He advised that the only other alternative was to go with the WV Board of Risk; however, the amount would have been approximately $750,000. This resolution passed unanimously.

First Reading-Ordinance to Establish Negotiable Instrument Policy in the City: It was moved by Councilman Kondik and seconded by Councilman Moore to approve at first reading an ordinance to establish this policy for the City of Weirton; this passed unanimously.

Resolution Authorizing City Manager to Execute Contract with VoiceStream for Installation of Wireless Antenna at Penco Water Tank: It was moved by Councilman Minella and seconded by Councilman Moore to approve this resolution. Councilman Cline felt that any legal fees in this case should come out of the fees from VoiceStream in this contract. This resolution passed unanimously.

Resolution Authorizing Purchase of One Pre-Owned Vehicle for Police Department: It was moved by Councilman Minella and seconded by Councilman Cline to approve the resolution authorizing the City Manager to enter into contract with West Virginia State Surplus Agency of Dunbar, WV for the purchase of this vehicle not to exceed $5,800. This passed unanimously.

Resolution to Enter into Contract for Printing of Ballots for April 1, 2003 Primary Election and June 10, 2003 General Election: It was moved by Councilman Moore and seconded by Councilman Fletcher to approve this resolution authorizing the City Manager to enter into contract with Casto & Harris of Spencer, WV, for the printing of the ballots in the amount of $2,196.35. Councilman Kondik voiced his concern that no local bidder sent in a bid. Councilman Cline pointed out that the printer has to be approved by the State. Also, he stated that when the election ordinances were passed several months ago that it was the intent that the voting machines be used; however, due to money problems it was decided to go with paper ballots, which meant a considerable savings. This resolution passed unanimously.

Budget Revision Resolution, Fiscal Year 2003-2003 General Fund Budget: It was moved by Councilman Minella and seconded by Councilman Mitchell to approve the budget revision resolution. Councilman Ash asked if this revision took into consideration the monetary issues listed later on the agenda; Mayor Harris advised that it did. Councilman Ash asked about voting for this now. Mr. Fahey said the vote would be subject to the approval of the other agenda item. 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 - Yes

Councilman Fletcher - Yes

This resolution passed on a 7-0 vote.

Resolution to Enter into Contractual Relationship with BJH for Coordinated and Cooperative Transportation Planning and Programming for Public Transportation: It was moved by Councilman Fletcher and seconded by Councilman Cline to approve this resolution. Councilman Cline asked if this resolution will clean up the language of the relationship; he was advised that it would. This resolution passed unanimously.

Resolution Authorizing City Manager to Apply for Funding for Downtown Street Scape Through WV Dept. of Transportation Div. of Highways Transportation Enhancement Program: Mayor Harris advised that this would require a 20 percent match from the City in the amount of $27,500; the grant would be $137,500. It was moved by Councilman Kondik and seconded by Councilman Moore to approve this resolution. Councilman Ash asked about getting this for other areas of the City; Mayor talked about one step at a time. Councilman Mitchell asked if this would come from the General Fund; he was advised that was correct. Councilman Cline pointed out that this resolution was just to make application. Councilman Fletcher asked about when notification would be received if the City got this; Mr. Riccelli advised this would be made in May. This resolution passed unanimously.

Resolution to Enter into In-Lieu of Agreement with Weirton Steel: Mayor Harris advised that in accordance with Ethics Commission rules those working for Weirton Steel or retired from Weirton Steel could not vote; therefore, Mayor Harris and Councilmen Mitchell, Minella, Moore, and Cline left the Council Chambers for this vote. Ms. Orler as City Clerk conducted this vote. It was moved by Councilman Ash and seconded by Councilman Kondik to approve this resolution. Councilman Fletcher asked if the wording in the third paragraph should be for the municipal service fee. Mr. Fahey advised that the words "safety and security" should be deleted, and the words "police and fire" should be added. It was moved by Councilman Fletcher and seconded by Councilman Ash to approve this amendment; this passed unanimously. The amended resolution was then voted on, and it passed unanimously.

Resolution to Enter into Contract for Engineering Services for the Marland Hts. Guardrail Project: It was moved by Councilman Kondik and seconded by Councilman Minella to authorize the City Manager to enter into agreement with HDR Engineering of Weirton, WV in an amount not to exceed $3,600 for these services. Councilman Moore asked if this was for a complete guardrail replacement. Councilman Kondik advised that this was for a study for the complete guardrail replacement. This resolution passed unanimously.

Resolution to Accept Recommendation of Planning Commission with Contingencies for Southbrook Subdivision located at Warsaw for Magnone and Greco Partnership for Final Approval: It was moved by Councilman Moore and seconded by Councilman Minella to approve this resolution. Mr. Riccelli advised that the Planning Commission had asked various departments to look at the development before final approval. They found certain contingencies that were put in the resolution. The owners agreed to these specifications that were laid out by the City. This resolution categorizes these contingencies. Also included is an escrow amount to cover costs if this is not complete as stated. This resolution passed unanimously.

Resolution Designating Main St. Development District Redevelopment Project Area as Blighted and in Need of Rehabilitation: It was moved by Councilman Minella and seconded by Councilman Kondik to approve this resolution. Councilman Fletcher advised that he would be abstaining from this vote and the following vote since his former employer was the consultant on this issue. Councilman Moore asked about costs so far on this. Mr. Riccelli advised that the only costs incurred so far were for the consultants. They are still working with the consultants. There will possibly be legal costs; Mr. Simon and Mr. Frankovitch have been contracted with to provide legal services to the Redevelopment Authority. They will be working to develop a plan for this area; this should take six to nine months. They will then come back to Council with the costs for implementing this plan.

The consultant then showed a map showing the Main Street area, which took in roughly the area from Main and Cove to Main and Marland. He also showed a map for the Gateway District, which was roughly the Freedom Way area to Main Street. He pointed out that these areas have to be certified by the governing body as blighted for redevelopment. It was the recommendation of the Redevelopment Authority that these areas be certified.

Councilman Cline commented to the residents of these area that this is not saying that their homes are blighted; this is just stating that within these areas there is room for redevelopment. The consultant advised that this wording is the wording called for in the law. This is not a reflection on their property value. Councilman Moore asked if this applies to code enforcement, if the City can still do demolitions and other activities. Mayor Harris and the consultant agreed that they can. Mayor advised that this does not impact any other department in the City. Councilman Ash stated that this was done five years ago and that HUD has already made these designations; he asked if this is being done again for redevelopment. The consultant advised that this is correct. He advised that State law says that this process has to be followed for redevelopment. The HUD criteria would not satisfy the State. Mayor Harris talked about the impact on the business district and the need for redevelopment. Councilman Cline talked about the Comprehensive Plan and the need to make changes; he felt this was a positive step.

The vote on the resolution was 6-0, with one abstention by Councilman Fletcher.

Resolution Designation Downtown Gateway District Redevelopment Project Area as Blighted in Need of Rehabilitation: It was moved by Councilman Minella and seconded by Councilman Cline to approve this resolution. This resolution passed on a 6-0 vote, with one abstention by Councilman Fletcher.

Fire: Councilman Moore questioned the amount of overtime. Chief Cole advised that there are plans to cut down on this amount.

Mr. Cicchirillo 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 February 10, 2003 regular session of the Weirton City Council, the meeting was adjourned after the closing prayer.

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