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, March 10, 2003, in the Council Chambers of the City Building, with Mayor Dean M. Harris presiding.

Members 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 Michael Gordon, Chief Kessler Cole, A.D. Mastrantoni, Rod Rosnick, Brae Bryant, and Karen Orler.

Mayor Harris led the Pledge of Allegiance.

It was moved by Councilman Kondik and seconded by Councilman Mitchell to approve the minutes from the February 10, 2003, regular meeting; this passed unanimously.

Mayor Harris reminded everyone about the change in dates for the City primary election, which will be April 1.

Mayor Harris also wished to thank the northern panhandle legislators. He advised that recently in Charleston there had been a move to try to change the annexation laws; Senator Bowman was able to get this struck down. Also, there had been a move to take money out of programs and add it to a bill for medical malpractice insurance; this would have involved money coming out of the State Fire Insurance premium, a portion of which goes for police and fire pensions. This would have removed approximately $812,000 from cities for police and fire pensions. Delegates DeLong and Swartzmiller and Senator Bowman got this stricken from the bill.

Mr. Cicchirillo advised that April 25 has been set for a Weirton Pride Day. City employees will be picking up garbage from various areas throughout the City. They will be working on Pennsylvania Avenue, Cove Road, Marland Heights Road, and Freedom Way. He also thanked Mr. Bryant and Mr. Mastrantoni for working together on snow removal and on cleaning out the storm drains.

Councilman Mitchell advised that this was Councilman Fletcher's last day; he will be moving out of the area to another job. He advised that it was a privilege to work with him, and he wished him luck.

Rolanda Tate, 3415 Zeta St.: Ms. Tate advised that she is the owner of a small day-care center in that area, and that she has seen several drug transactions take place in that area. She requested more police attention to this area. She said the children of five or six years are starting to play as if they are doing drug buys. Mayor Harris advised that Chief Gordon was in attendance, and that he will talk to Ms. Tate about this. Councilman Cline pointed out that members of the drug task force when checking areas like this will not be in marked patrol cars.

Brian Jurosko: Mr. Jurosko spoke in support of the resolution to change the residency requirement for employees of the City. He talked about that there would be a larger hiring pool if this were changed. He talked about measuring the response time for individuals living in this wider area, and there being no problem with it.

Finance Committee: Councilman Minella advised that the Finance Committee met on March 6 and approved items 1, 2, 9, and 11.

Second Reading, Ordinance No. 1371-To Establish Negotiable Instrument Policy in City Regarding Utility Bill Payments or Any Other Payments Due and Owing the City of Weirton, Sanitary Board, and Weirton Area Water Board: It was moved by Councilmen Minella and seconded by Councilman Ash to approve this ordinance at second reading; this passed unanimously.

Resolution to Enter into Contract for Purchase of Digital Voice Logger for Weirton Police: It was moved by Councilman Moore and seconded by Councilman Kondik to approve this resolution authorizing the City Manger to enter into contract with Stephen Campbell & Associates of Beachwood, OH for this purchase in the amount of $17,295. Councilman Fletcher asked if this company was not the lowest bidder; Mayor Harris advised they were not the lowest. Mr. Cicchirillo advised that this is the same equipment that Brooke and Hancock Counties use. If the dispatch center is formed, this equipment can be used there. Mr. Cicchirillo advised this is not a duplication of equipment.

Resolution to Enter into Contract for Purchase of Thermal Imaging Camera for Weirton Fire Department: It was moved by Councilman Minella and seconded by Councilman Kondik to approve this resolution authorizing the City Manager to enter into contract with Finley Fire Equipment Co. of McConnelsville, OH for this equipment in the amount of $9,600. Mayor Harris advised that this will be from the Hancock County video lottery funds. This passed unanimously.

Resolution-City of Weirton Fiscal Year 2003-2004 General Fund and Coal Severance Fund Budget: It was moved by Councilman Cline and seconded by Councilman Fletcher to approve this resolution for the 2003-2004 budget. Mayor Harris called for a roll call vote; results were as follows:

Councilman Mitchell: Yes

Councilman Minella: Yes

Councilman Moore: No

Councilman Ash: No

Councilman Kondik: Yes

Councilman Cline: Yes

Councilman Fletcher: Yes

This resolution passed on a 5-2 vote, with no votes cast by Councilmen Moore and Ash.

Resolution-Lien for Costs of Demolition for Unsafe Property-Marion Sims, 414 Kessel St.: It was moved by Councilman Mitchell and seconded by Councilman Moore to approve this resolution to place this lien for $3,100; this passed unanimously.

Resolution-Lien for Costs of Demolition for Unsafe Property-Dean Ligias, Carol Carter, Harry Gaillas, 1040 Fourth St.: It was moved by Councilman Mitchell and seconded by Councilman Fletcher to approve this resolution to place this lien for $4,250; this passed unanimously.

Resolution-Lien for Costs of Demolition for Unsafe Property-Mary Bejczi, 402 Engel St.: It was moved by Councilman Mitchell and seconded by Councilman Minella to approve this resolution to place this lien for $3,705; this passed unanimously.

Resolution-Lien for Costs of Demolition for Unsafe Property-Rachel Bagley, 2318 Weir Ave.: It was moved by Councilman Mitchell and seconded by Councilman Minella to approve this resolution to place this lien for $4,160; this passed unanimously.

First Reading-Ordinance to Accept Property from Pete Caritis: Mayor Harris advised that this would be 3102 and 3104 Main Street, where there had recently been a fire. It was moved by Councilman Cline and seconded by Councilman Fletcher to approve this ordinance at first reading. Councilman Ash asked what date would appear on the agreement; Mr. Cicchirillo advised that this would probably be last Friday, March 7, 2003. He advised that the City would pay for the demolition of this property. Councilman Ash refused to vote on this item; he felt this action was improper. Councilman Fletcher asked Mr. Fahey if he felt there was anything wrong with this; Mr. Fahey advised he did not. Councilman Fletcher asked if this was a proper reason under Roberts Rules for Councilman Ash to abstain from the vote; Mr. Fahey would not question a councilman's decision about a vote. Councilman Moore asked if the title had been searched. Mr. Fahey advised that some outstanding taxes are still to be resolved, and they are still in discussion about this. They checked back 20 years, which is the customary time. Mr. Cicchirillo advised that this property became a safety issue; the Inspections Department advised him about the walls being in danger of caving in, and that this property needed to be demolished. He advised that in the past the City has placed liens on demolished property, but this money was never paid. He felt the City should force the owner to tear down this type of property, or the City should take the property for development. Mr. Rosnick commented that the City does not receive the monies in approximately 90 percent of liens. This ordinance at first reading passed on a 6-0 vote, with one abstention by Mr. Ash.

Resolution-Authorize City Manager to Accept WV Division of Justice Services Direct Award, Seek Additional Competitive Award Funds Through Collaboration with Hancock County, and Provide Associated Cash Match of Ten Percent or an Amount Not to Exceed $5,000 Respectively: It was moved by Councilman Minella and seconded by Councilman Moore to approve this resolution; this passed unanimously.

First Reading-Ordinance to Accept Property for Steel Worker's Memorial from Weirton Steel: Mayor Harris advised that this would be at the corner of County Road and Pennsylvania Avenue. This was part of the agreement with Weirton Steel in reducing the in-lieu of agreement. It was moved by Councilman Kondik and seconded by Councilman Minella to approve this ordinance at first reading; this passed unanimously.

Resolution-Authorizing City Manager to Submit Application for FEMA Federal Fire Acts Grant for Assistance to Firefighters Grant Program: It was moved by Councilman Cline and seconded by Councilman Minella to approve this resolution; this passed unanimously.

Resolution to Amend Weirton Residency Requirement for Weirton City Employees: It was moved by Councilman Minella and seconded by Councilman Mitchell to approve this resolution. Councilman Moore asked if the City is annexing anything. He was concerned about this; he stated Weirton's population is getting smaller; he did not feel he could support this resolution. He talked about the shrinking tax dollars. Councilman Mitchell advised he had sponsored this resolution because he felt it was Council's duty to act on this. However, he had the same problems with this as Councilman Moore. Councilman Moore advised he could not see how the Sanitary Board could make a decision that would affect the whole City. The Mayor agreed. He stated that Mr. Jurosko had appeared before the Sanitary Board requesting this; Mr. Jurosko had been told to bring this up to Council. The Mayor called for a roll call vote; results were as follows:

Councilman Mitchell: No

Councilman Minella: Yes

Councilman Moore: No

Councilman Ash: No

Councilman Kondik: No

Councilman Cline: No

Councilman Fletcher: No

This vote failed on a 6-1 vote.

Executive Session: Mayor Harris requested to move up the executive session. It was moved by Councilman Fletcher and seconded by Councilman Minella 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 7:29 p.m.; they later reconvened into regular session at 8:45 p.m.

Resolution-Authorizing City Attorney to Propose Compromise of Pending Litigation with Weirton Hts. Volunteer Fire Dept., Inc., and Weirton Volunteer Fire Dept. Co. #1: It was moved by Councilman Fletcher and seconded by Councilman Minella to approve this resolution. Councilman Ash advised that he would vote against this because of the first sentence about the ordinance to dissolve not being rescinded; he can live with the rest of the resolution. The Mayor called for a roll call vote; the results were as follows:

Councilman Mitchell: No

Councilman Minella: Yes

Councilman Moore: No

Councilman Ash: No

Councilman Kondik: Yes

Councilman Cline: Yes

Councilman Fletcher: Yes

This resolution passed on a 4-3 vote, with no votes cast by Councilman Mitchell, Moore, and Ash.

It was moved by Councilman Kondik and seconded by Councilman Cline to approve Mark Trushel of 3549 Brightway to the Redevelopment Authority for a term from March 10, 2003 to July 31, 2005; this passed on a 6-1 vote, with the no vote being cast by Councilman Moore.

It was moved by Councilman Cline and seconded by Councilman Moore to appoint A.D. Mastrantoni of 108 View St. to the board of Emergency Management; this passed unanimously.

It was moved by Councilman Fletcher and seconded by Councilman Mitchell to appoint Brae Bryant of 3156 Weir Ave. to the Board of Emergency Management; this passed unanimously.

It was moved by Councilman Ash and seconded by Councilman Minella to appoint Mike Gordon of 134 Ann St. to the Board of Emergency Management; this passed unanimously.

It was moved by Councilman Ash and seconded by Councilman Mitchell to appoint Kessler Cole of 412 Effa St. to the Board of Emergency Management; this passed unanimously.

It was moved by Councilman Ash and seconded by Councilman Mitchell to appoint A.G. Lucas to the Board of Emergency Management; this passed unanimously.

It was moved and seconded by Council to appoint Bob Gianni of 109 White Park Dr. to the Board of Emergency Management; this passed unanimously.

It was moved by Councilman Cline and seconded by Councilman Ash to appoint Dan Riddle of Marland Heights to the Board of Emergency Management; this passed unanimously.

Code Enforcement: Councilman Ash asked Mr. Rosnick the cost of tearing down the property on Main Street; Mr. Rosnick advised $18,000 to $20,000.

Fire Department: Councilman Mitchell asked Chief Cole about the breakdown in his packet about the volunteers; Chief Cole advised that that information is available in his office.

Park Board: Mayor Harris advised that no one was present from the Park Board, but any questions will be forwarded to them. Councilman Moore asked why Council does not see the Park Board's bills since they get money from the City. Mr. Cicchirillo advised that they are an autonomous board, and their board reviews their bills. Ms. Means advised that the Park Board is included in the audit. She advised that the audit will be received as soon as the auditor receives a response letter from an attorney.

CDBG: Mr. Ricelli commented on the Brownfields Program. The second public hearing on this was held at the Community Center earlier this evening; the first had been held on October 25, 2002. Staff received word from the EPA last week that the City has been invited to do an application for $200,000 for assessment and inventory of properties in this area. He felt it was important that Council and the citizens understand that this money would be for clean up and redevelopment of existing properties. This was an opportunity to use properties with existing infrastructure as an economic development tool. The application will be filed by March 19, and staff will know by mid-June if the City gets the money. Councilman Mitchell asked how many people attended the public hearing; Mr. Ricelli advised 40. He also advised that five development companies that do this type of assessment were there. There is interest in Browns Island; the EPA would like to assist in clearing this up. Mr Mitchell asked if this public hearing was advertised; Mr. Ricelli advised it was. He pointed out that community involvement was important.

Public Works: Councilman Minella commended Mr. Bryant on the good job done in the snow removal.

Ms. Means gave the treasurer's report. It was moved by Councilman Cline and seconded by Councilman Fletcher 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 March 10, 2003 regular session of the Weirton City Council, the meeting was adjourned after the closing prayer.

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