A meeting of the Common Council of the City of Weirton, Hancock and Brooke Counties was held on February 13, 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 and Christopher Fletcher.

City officials in attendance: Brae Bryant, Joe Cicchirillo, Valerie Means, Terry Weigel, Chief Fletcher, Dan Mastrantoni, John Brown, Melissa Farley, A.D. Mastrantoni, Ric Rekowski and Chief Cole.

Mayor Dean M. Harris led the Pledge of Allegiance.

A motion was made by Councilmember Kondik, second by Councilmember Mitchell to approve the minutes of the January 8, 2001 Regular Session. This passed 7-0, so ordered.

Harris announced Joshua Williams received an Eagle Scout award. He explained the city recognizes these individuals with a Mayor's Award. Harris read the award. Williams explained he installed a handicap accessible restroom for the Memorial Baptist Youth Group at their church; friends and family helped him. Harris commended him.

Harris was notified on Monday about vandalism at Marland Heights Pool with damages between $2,000-3,000; lights were broken, a table set fire. He explained a week prior, the pool was broken into and profanities spray painted on the wall. He asked the community to keep watch; its costing a lot of money. He said the persons could've been electrocuted if the main power to the generator wasn't shut off. He said maybe kids are doing this but they don't understand the danger and cost to the city. He explained discussing with Cicchirillo a reward for information leading to an arrest. He wanted to continue a reward process if the budget would allow. He said the city's insurance can't continue in this manner.

Councilmember Ash explained asking Chief Cole in writing if the fire dept meets the National Fire Protection Association standards. He read the first paragraph of the response which stated the standards for structural fire response is 12 personnel staffing two engine companies and one ladder company with one chief officer. He said this isn't met and maybe Gilson needs to be fully staffed. Harris agreed, commenting on the discussions over they years needs resolved.

Councilmember Moore agreed with offering a reward, saying there's too much vandalism costing too much money. He suggested using a surveillance camera. He said the reward idea is excellent and he would support it.

Carolyn Klar discussed the bus stop at Culler Road and Pleasantview Drive has a morning crossing guard but none in the afternoon. She said in the afternoon 8-15 children exit the bus; parents park on both sides of the road and cars enter and exit Pleasantview. She explained discussing the absence of sidewalks with Councilmember Minella but it won't solve the problem. She commented children wander through the cars. She requested an afternoon guard. Harris asked why there isn't one. Fletcher explained guards are placed where it's the busiest; there's an afternoon guard at the school. He said he had spoken with Klar. He said cars park at the bus stop and children walk on the street; maybe a guard can be placed in the afternoon and the area monitored. Minella agreed, appreciated Klar contacting him about the problem and requested to work with staff. Fletcher told Harris the school board establishes the bus routes; after exiting the bus, children are on their own; sidewalks would make it easier. Councilmember Cline asked about rerouting it to the one at Shady Lane. Klar said the problem is the vehicles entering and exiting Pleasantview. Harris asked it to be looked into. Fletcher didn't' know if the school board would reroute the bus. Harris requested he start with the school board and Minella can work with Fletcher. Fletcher said he would contact the school board.

Harris asked if there was an announcement for citizens remarks. Farley said she asked the audience several times before they started.

Councilmember Minella reported the finance committee met with him and Councilmembers Moore and Kondik present. They recommended agenda items 2, 3, 4, 5, 7, 8 & 9. Harris asked about the items for the fire dept. Minella responded its from the Hancock County video lottery funds.

A motion was made by Councilmember Mitchell, second by Councilmember Ash to authorize ordinance 1312 to extend no parking on the north side corner of Valley Place & Ridgeway for an additional 19 feet east on Ridgeway. This passed 7-0, so ordered.

Harris pointed out two options: Heaslett/State Street area and Lee Avenue. Brae Bryant said one fourth of the city lives on Marland Heights; there's one access road which has been closed in the past; it was closed in September due to an accident. He said staff was directed to develop a plan in response to residents' dissatisfaction. He explained a secondary public road is cost-prohibited. He explained the concern was emergency services didn't have access. He said they planned a road for emergency vehicles only with gates at the top and bottom. John Brown gave council copies of the Lee Avenue site. Bryant said the access would be from Lee Avenue; quotes were received; it would be a 2300 foot road. On the map, he showed a slag road for the water dept to access the water tank--it mitigates the cost--$63,000 with materials and assistance from a local contractor. He said staff never intended to bid it out, explaining it would increase the cost. He said the cost covers rented equipment. He sent a letter to the reserves but they haven't responded. He said the cost could be reduced if done in-house.

Bryant explained they examined Lee and Heaslett; Lee was recommended because it's a better access. He explained wanting to access onto Buchanan but found a gas line and it increases the cost. He said Williams Country Club tentatively agreed to allow access as long as it doesn't cost them and the keys given to emergency vehicles only. Bryant responded to Moore the grade could be 8-10%. Joe Cicchirillo explained talking with WSX, saying it's a legal issue over ownership of the right of way. Bryant replied to Councilmember Ash it cost $60,000 without the reserves. Ash asked how the water springs on the hillside would be diverted, saying Elm Street residents want a guarantee they won't get water in their basement. Bryant said the road would be piped into an existing catch basin; surface water would go into the existing facility; but there's no guarantee. Bryant explained to him that using the road from Taylor Avenue would have to be tied to Lee and increases cost. Kondik appreciated Ash's concern, explaining the main concern is the residents, asking council to vote for it.

Councilmember Cline requested the man hours. Bryant said there would be no or minimal overtime. Cline said the hours could be spent elsewhere, its still spending money and a project of $60,000 should be brought up at budget time. He said council needs to know which budget line item will suffer. He said names were put in windows; two or three page ads were taken out and anticipated revenues weren't received, saying its an important project but not an expenditure on the table--its needed done for 50 years. Harris will meet with Senator Bowman in Charleston and discuss digest dollars. He said the project isn't any less important than when money was taken from parking to build powerhouse road--it's a safety issue. He agreed with Cline for a time frame and man hours.

Bryant apologized for not having the information, saying council hadn't requested it. He suggested not prolonging the project; get it started before construction season. He explained Heaslett is estimated $18,000 for materials but would be $25,000 with many question marks. He said there's an adjacent property and house and an engineering report would be needed prior to excavating; it would be done in-house with a contractor. Fletcher was disappointed with the discussions with WSX. He said the city should own the right of way. Cicchirillo said he talked to WSX; 48 foot right of way and width might be an issue; it's a question of ownership and width. Fletcher explained firmly supporting the 48 feet and ownership.

Mitchell commented paving can't be done at the same time. Bryant explained the millings from Marland Heights can be stored at the construction site. A motion was made by Councilmember Kondik, second by Councilmember Fletcher to remove from the table. A roll call vote was taken with a yes is in favor, a no is opposed:

Councilmember Cline Yes

Councilmember Fletcher Yes

Councilmember Mitchell Yes

Councilmember Minella Yes

Councilmember Moore Yes

Councilmember Ash Yes

Councilmember Kondik Yes

the motions to remove the item from the table passed 7-0.

A motion was made by councilmember Kondik and second by councilmember Cline (for discussion) to proceed with Lee Avenue/Buchanan Way with an estimated cost of $60,000.

Fletcher explained being hesitant to commit because of the budget, saying he hoped for additional information on the property costs to acquire the right of way. He asked for an amount needed to get started. He agreed with Cline's concern for money. He referred to the upcoming budget session, asking what could be done. Councilmember Minella said he wanted to support it but didn't know how if there isn't any money.

Ash motioned to amend it contingent upon the mayor getting digest funds from Charleston. Harris explained the monies aren't approved until later in the year. Ash explained there aren't any guarantees that $60,000 will be set, or that Weirton Steel will give a decent price on the land or that the reserves will assist. His motion was second by councilmember Moore. Means said there's two options: the $450,000 paving fund and the contingency line that could be added to the paving. Fletcher said he would be more comfortable with a dollar amount. Kondik said something needs put on paper; $60,000 won't be spent in one month. Harris said it was being dealt with when he was on council, negotiations with WSX will continue. He said WSX shares an interest in property the city owns; digest money will be looked at but all funding options need searched. Harris said the first phase is approving the project, then negotiating and getting assistance from the reserves.

Means explained to Fletcher there's $200,000 in contingency. Bryant explained they can excavate and stock pile material once the property is secure, phasing it over two fiscal years. Fletcher motioned to amend to include $20,000 from fiscal year 2000 contingency fund, second by Kondik. A roll call vote was taken with a yes is in favor of the amendment, a no is opposed:

Councilmember Fletcher Yes

Councilmember Mitchell Yes

Councilmember Minella Yes

Councilmember Moore Yes

Councilmember Ash No

Councilmember Kondik Yes

Councilmember Cline Yes

The amendment passed by a 6-1 vote, so ordered.

Cline pointed out leaving out Buchanan Way; just leave it blank; leave it as Lee Avenue and blank street. The resolution as amended passed by a 6-1 vote, so ordered.

Joe Cicchirillo said it was advertised for a short period of time; there were two bidders and several inquires--vendors felt they didn't have time for a presentation; they got St. Paul and Accordia both representatives of Assure America. He explained values of property are needed and they may want to re-advertise in the future for a better response.

Councilmember Ash said residents will ask about deer hunting. The agent said the new insurance hasn't approved it due to time limitations; St. Paul inherits the account; they can work with them for an endorsement and if it fails, then form an association. He replied to Ash that the insurance doesn't include earth movement and water. Harris asked if the city would be covered if the Brooke Street creek continues to erode the bottom of Marland Heights hill and the road slips. The agent said no.

councilmember Moore asked if the deductible was low. The agent, George, said St. Paul raised them, specifically property insurance from $1,000 to $5,000 deductible; public official liability from $2500 to $5,000 deductible. He told of two options: the current contract has $2 million of general liability per occurrence and aggregate; public official law enforcement liability with an excess of $5 million over. He said St. Paul offered to take the occurrence limit down to $1 million--the city doesn't lose the amount of liability insurance but limits the amount per occurrence. Moore asked if the deductible was larger, would the limit go up. He explained no, the city would be self-insured; he wouldn't recommend it. He responded to Ash that the Transit has their own policy; any entity using the building would be covered. Ash asked if any entity would be covered if they use this building. He said yes.

He explained as the city's agent, being alarmed to the condition of the public entity section of WV. He explained St. Paul had informed when the merger came through that prices would increase; Hartford exited the market because they were paying out in claims. He explained companies are losing money in WV. He said Hartford had asked the city to make some changes, resulting in loss histories have turned around. Cicchirillo commented on the amount of lawsuits against municipalities, some frivolous, and local legislatures may have to address it. Harris was disappointed how some of the cases were handled and settled out of court, saying insurance companies are willing to take a settlement instead of fighting it out. He asked if the city attorney could fight some of the cases. The agent said the city doesn't have an option under the current program; all rights are waived. He agreed with Harris, saying it could be pursued more vigorously; insurance companies feel they can negotiate a settlement, it minimizes going to a jury; an option is a self-insurance plan and there's a lot that goes into it. Harris said the city manager recommends they go with Assure America St. Paul.

A motion was made by Councilmember Cline, second by Councilmember Moore to adopt a resolution to enter into contract with Assure America for the St. Paul Insurance Companies in the annual amount of $333,145 for property and liability insurance. Harris told Joe and George he appreciated all the work that went into it. This passed 7-0, so ordered.

Harris recognized members of the Leadership Weirton class.

A motion was made by Councilmember Minella, second by Councilmember Kondik to adopt a resolution to enter into contract with Finley Fire Equipment Company, McConnelsville, OH in the amount of $5,145 for fire-fighting helmets and identification shields from Hancock County video lottery funds. This passed 7-0, so ordered.

A motion was made by Councilmember Minella, second by Councilmember Mitchell to adopt a resolution to enter into contract with Finley Fire Equipment Company, McConnelsville, OH in the amount of $22,040 for protective jackets and trousers for structural fire-fighting, from H.C. C. Video lottery funds. This passed 7-0 so ordered.

A motion was made by Councilmember Kondik, second by Councilmember Moore to adopt a resolution to enter into contract with Finley Fire Equipment Company, McConnelsville in the amount of $1699.00 from Hancock County Video Lottery Funds. Cline said these are funds in which each fire dept. was allotted $15,000 a year for their expenditures; chief accrued the dollars. Chief Cole said its been accrued for the past three years. This passed 7-0, so ordered.

A motion was made by Councilmember Moore, second by Councilmember Minella to adopt a resolution to enter into contract with West Pointe Chrysler-Plymouth-Dodge-Jeep, Burgettstown, PA in the amount of $26,477 fo the purchase of one 4x4 sport utility vehicle. Councilmember Mitchell asked what was meant by the minimal amount of exceptions. Chief Cole said the specifications of the tire size for ground clearance--all the vehicles didn't meet all the specifications, one of them being the front toe hooks and the rear toe hooks; the one recommended was the cheapest and closest to the specs. Mitchell asked if the one for $23,500 didn't meet all the specifications. Cole said yes, it was a much smaller vehicle, it didn't have the storage space, head room, wheel size, or ground clearance. Mitchell asked if this was the same for the local vendor. Cole said the local vendor was close to specs but higher than the overall bid which included the 5% bid preference. This passed 6-1 with Councilmember Ash dissenting, so ordered. Chief Cole replied to Councilmember Cline that the current chief's vehicle is 12 years old.

A motion was made by Councilmember Minella, second by Councilmember Cline to adopt a resolution to authorize application and acceptance for West Virginia Digest Funds in the amount of $50,000 for the Weirton Port Authority. This passed 7-0, so ordered.

A motion was made by Councilmember Minella, second by Councilmember Kondik to adopt a resolution to enter into contract with Blatt Heating and Air, Wheeling, WV in the amount of $1,265 for the relocation of the pump air handler in the police dept. This passed 7-0, so ordered.

A motion was made by Councilmember Fletcher, second by Councilmember Kondik to adopt a resolution prohibiting vendors who are delinquent in paying city fees or taxes from participating in the city bidding process. Councilmember Cline asked if this has been in place but this new ordinance inserted. Means said the original resolution was passed last year with the old municipal service fee ordinance number; the new ordinance number was changed. Councilmember Ash agreed with the issue but said he couldn't vote for it until its resolved in court. He said they need to get it moving through the courts. Councilmember Moore agreed. Harris said the city isn't sitting on the court action; it is the legal counsel for the other parties. Ash asked if it could be dismissed since the other attorney isn't around. Harris said it's a question for the city attorney. The resolution passed by a 5-2 vote with Councilmembers Ash and Moore dissenting, so ordered.

A motion was made by Councilmember Minella, second by Councilmember Kondik to adopt a resolution to authorize payment of $10,000 to the Rails to Trails Committee as the city's local match commitment for the Panhandle Rail Trail to the Weirton Board of Parks and Recreation. Councilmember Cline stated he would abstain. He said three years ago council signed a contract with the dept of highways for $15,000 inkind or dollar match. Councilmember Fletcher asked if it brings the line item to zero. Means replied that its under administrative contributions; $10,000 was clearly budgeted for the project. This passed 5-1-1 with Councilmember Ash dissenting and Cline's abstention. Harris said Cline abstained due to his role withe the Rails to Trails.

Harris commented the dept. made a good arrest on Woodlawn Estates, saying the c9mmunity assisted the city and helped allow the city to catch the person. He appreciated the work done. Chief Fletcher replied to Councilmember Moore that the person is out on bond and he wasn't sure when the trial date was to be held.

Councilmember Fletcher asked Dan Mastrantoni how things went for Rosnick. Mastrantoni said everything went well. Fletcher commented that Rosnick's wife had a baby. Councilmember Moore wanted to ask a question about the parking meter tickets. Harris told him it could be asked under the Treasurer's Report.

Councilmember Minella asked about the water tower. Mastrantoni explained receiving clearance from the insurance; the legs should be shipped Tuesday, arrive on Wednesday and crews will install them. He hoped the tank to be up and running the first or second week of March. Councilmember Moore said he understood the leak from the tank filled the legs. Mastrantoni said holes were drilled by a previous unknown contractor on the outside of the legs that allowed water to enter; current tests are non-conclusive on the plates were the water entered the legs. He said there isn't a conclusive answer on any leaks inside, saying the legs will be pressure tested when the legs are repaired and they should get a conclusive test.

Councilmember Ash asked whether the fire truck has been paid. Means believed the last payment was done in October; an $8900 payment.

Terry Weigel replied to Councilmember Kondik that the police dept were working on leads to the vandalism. Councilmember Cline commented everything looks to be on schedule for the Starvaggi Pool filter room. Weigel said tank companies have been looking at the system. Harris extended appreciation for the employees training on asbestos--it's a proactive approach.

Councilmember Cline commented the dept. has maxed out on salt budget and there's enough to make it. Brown said it was correct, they've done a good job.

councilmember Cline asked about the large deposits for the water report. Means explained they were excess monies from a municipal bond of $96,000. A motion was made by Councilmember Minella, second by Councilmember Moore to approve the treasurer's report and to pay the general fund and water dept. bills. This passed 7-0, so ordered. Means told Councilmember Moore the AMPCO Company has taken over yet; its still the city's collections from the meters. She didn't think the contract was finalized yet. Cicchirillo said the contract should take effect in March, saying there were some issues with the contract which he wanted to resolve.

Means said council was given a sheet for the annual report of the police pension fund. She explained being required to give council an annual report on the police and fire pensions funds. She replied to Harris the pensions are in good shape.

With no further business before this the February 13, 2001 Regular Session of the Common Council of the City of Weirton, the meeting was adjourned at 8:41 p.m.

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