Weirton City Council
March 11, 2002

Regular Session

A meeting of the Common Council of the City of Weirton, Hancock and Brooke Counties was held on March 11, 2002 at 7:00 p.m. in Council's Chamber of the Municipal Building.

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

City officials in attendance: Bob Riccelli, Brae Bryant, A.D. Mastrantoni, Melissa Farley, Joe Cicchirillo, Chief Kessler Cole, Capt. Mike Gordon, Valerie Means, Joe DiBartolomeo, Ric Rekowski, John Serefini and Terry Weigel.

Mayor Dean M. Harris led the Pledge of Allegiance.

MINUTES - A motion was made by Councilmember Moore, second by Councilmember Kondik to approve the minutes of the February 11, 2002 Regular Session.

MAYOR'S AWARDS AND PROCLAMATIONS - Mayor Harris introduced Heidi Snyder, coach of the Weir Middle School cheerleaders. She explained they won first place out of 15 troops at a Fairmont State College competition. She said they did an excellent job. Harris introduced each cheerleader. He read the award stating it brought honor and distinction to the Weirton citizens. He congratulated them.

COMMUNICATION - Harris read a letter being sent to elected state and federal officials. He noted both the Weir High and Brooke High bands were present in Washington. He said he and Councilmember Cline felt the elected officials deserve recognition; council signed it. It was a letter stating thanks for the involvement in the passage of 30% tariff but stating there's still a fight for the retirees of the steel industry. He read a resolution to send to President Bush. It stated the city and community thank him for the work done with the steel industry. Harris said it was a difficult decision for President Bush, but the right decision to secure jobs and the tax base.

Joe Cicchirillo announced Spring Clean-up April 22-26th. April 18 is white goods day.

Councilmember Kondik commented on a letter in the newspaper from Walter Ruszkowski regarding the streets within Brooke County. He read a paragraph, asking Cicchirillo how much is spent in each county for paving. Cicchirillo explained the roads are based upon need, but the Hancock County Commission gives video lottery funding for streets in Hancock County; $330,000 from H.C. was used for paving and the county gets the invoices. Councilmember Cline explained Hancock County wanted the city to use the general fund dollars allocated to the Brooke County streets before giving the lottery funding. Kondik suggested Mr. Ruszkowski debate this at the council meetings. Harris explained it was discussed and suggested last year that Mr. Ruszkowski meet with Harris. Harris felt the city did a good job paving the Brooke County streets proportionate to the general fund, noting Mr. Ruszkowski's letter didn't contain facts or figures. Councilmember Ash hadn't read the article but stated Mr. Ruszkowski wasn't happy when his own street was paved a few years ago.

CITIZENS REMARKS - Patty Hans, 149 Morningside Court, showed pictures of her street, calling it a dead-end alley. She discussed the original request to the Traffic Commission was for a no parking zone across from the apartments because motorists couldn't pass through. She stated the recycling truck couldn't pass through and "no parking" signs were erected but a resident parked there and received a ticket. She felt this resident was acting childish, parking 18 inches from the edge on the south side and forcing residents to squeeze through. She noted on Feb.19^th a UPS truck couldn't pass; a calcium truck couldn't pass on Feb. 27^th. She discussed four residents at the end of the street are over 60 yrs. old, two in their 70's, two had heart problems, one doesn't drive and the other watches a child. The fire hydrant is at the end of the street. She asked council to vote against ordinance 1339, saying no parking is the only solution.

Don Allen, 152 Morningside, stated Hans remarked about his vehicle being parked on the south side. He explained he built the wall two feet on his property to widen the street and agreed there shouldn't be parking on the south side but there's been parking against the wall since 1971. He felt the problem is the apartment tenants, saying it causes problems with snow removal. He asked council to vote for the ordinance.

Councilmember Kondik reported the Finance Committee met with he and Councilmember Moore in attendance (Councilmember Minella was in the hospital) and Joe Cicchirillo. Items recommended: 5 & 6. Harris informed Minella's absence is due to heart surgery, saying Minella feels better; there was blockage; Minella has missed few meetings over the years.

A motion was made by Councilmember Moore, second by Councilmember Ash to authorize ordinance 1339 to establish 47 feet of no parking on the north side of Morningside Court beginning 474 feet from the intersection of Potomac Avenue. Melissa Farley responded to Ash its a Traffic Commission recommendation; the last ordinance was typed incorrectly. Ash said the Commission looked at it more than once, its their recommendation and Moore favors it. A roll call vote was taken with a yes is in favor, a no is opposed:

Councilmember Kondik Yes

Councilmember Cline No

Councilmember Fletcher No

Councilmember Mitchell No

Councilmember Moore Yes

Councilmember Ash Yes

This was tied 3-3. Mayor Harris explained the Commission looked at it, he himself had lived there, it's a problem and neither ordinance fixes the problem. He voted against the ordinance. The ordinance failed second reading, so ordered.

Harris asked Joe DiBartolomeo if action was needed for ordinance 1340. Farley responded the ordinance was written improperly and that's why its there to be rescinded. DiBartolomeo recommended council vote to rescind 1340.

A motion was made by Councilmember Cline, second by Councilmember Ash to authorize ordinance 1340 to rescind ordinance 1333: Beginning 474 feet from the intersection of Potomac Avenue, establish 47 feet of no parking on the north side of Morningside Court and then beginning again at a point of 36 feet, establish no parking for a distance of 64 feet on the north side of Morningside Court. This passed 5-1 with Councilmember Moore dissenting, so ordered.

Harris moved the Executive Session to the top of the agenda . A motion was made by Councilmember Fletcher, second by Councilmember Cline to convene into an executive session consistent with WV Code 6-9-A-4 to discuss personnel and or possible litigation. This passed 6-0, so ordered.

Council reconvened at 7:35 p.m. Harris moved a few items to the top of the agenda.

APPOINTMENT OF CHIEF - Mayor Harris nominated Police Capt., Mike Gordon. A motion was made by Councilmember Ash, saying its his honor and pleasure, second by Councilmember Mitchell to appoint Capt. Mike Gordon to the office of Chief of Police. Harris appreciated Gordon's patience nows and over the 28 years. 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 Moore Yes

Councilmember Ash Yes

Councilmember Kondik Yes

This passed 6-0, so ordered. Harris welcomed members from the Chaplin membership. He introduced former Chiefs of Police, Bill Hair and Ralph Fletcher. Gordon introduced his family. Gordon discussed having a good working relationship with former Chief Fletcher; Hair was his mentor. Gordon said it's a challenging job but felt proud to serve the community. Harris noted former Councilmember Jones was also present. Harris swore-in Gordon.

APPOINTMENT OF BUILDING INSPECTOR - Mayor Harris commented Dan Mastrantoni, former Inspector is now employed with the Weirton Fire Dept. Harris nominated Bruce Lamp. A motion was made by Councilmember Moore, second by Councilmember Cline to appoint Bruce Lamp to the office of Building Inspector. A roll call vote was taken with a yes is in favor, a no is opposed: Councilmember Fletcher Yes

Councilmember Mitchell Yes

Councilmember Moore Yes

Councilmember Ash Yes

Councilmember Kondik Yes

Councilmember Cline Yes

This passed 6-0, so ordered. Harris thanked council and introduced Mr. Lamp. Harris advised the swearing-in would take place later. He commented these are the two most difficult positions to fill.

A motion was made by Councilmember Ash, second by Councilmember Cline to adopt a resolution to place a lien against real property for costs incurred for demolition of unsafe properties pursuant to ordinance 250: Kevin Chandler, 3200 Orchard Street in the amount of $24,243.00. This passed 6-0, so ordered.

A motion was made by Councilmember Mitchell, second by Councilmember Fletcher to adopt a resolution to place a lien against real property for costs incurred for demolition of unsafe properties pursuant to ordinance 250: Marian Sims, 129 Avenue B in the amount of $5,055.00. This passed 6-0, so ordered.

A motion was made by Councilmember Mitchell, second by Councilmember Ash to adopt a resolution to place a lien against real properties for costs incurred in demolition of unsafe properties pursuant to ordinance 250: Berta Campbell, 320 Kentucky Street in the amount of $4,160.00. This passed 6-0, so ordered.

Joe Cicchirillo explained the city's contract with AMPCO for the downtown parking meters has a threshold of $60,000 before the city receives revenue; the company is having a difficult time collecting tickets; it wasn't in the agreement but he's negotiated it. He said the city would receive $6.00 out of $10.00 and $8.00 out of $18.00 fines. He asked for council's approval. A motion was made by Councilmember Cline, second by Councilmember Ash to adopt a resolution to amend the contract with AMPCO Parking System: the city will trace license numbers, process overdue citations to the offender via US mail, enforce city ordinances, incur all expenses and receive $6.00 out of $10.00 and $8.00 out of $18.00. AMPCO: will provide overdue citation information, receiving $4.00 per $10.00 and $8.00 per $18.00 citations collected.

Joe DiBartolomeo explained its an amendment so the city could do collections for the company. He explained a $50 kapias could be issued if a person doesn't show for court; it costs the city to do the work but its what they're (city employees) being paid for. Cicchirillo said they would get $10,000 on the fines then back track; the city would research licenses. DiBartolomeo discussed his dept. would work on it; Farley will get the license numbers. Councilmember Kondik reminded there was a position for this job. DiBartolomeo felt the fines will be paid if there's enforcement; people will pay their tickets.

Councilmember Ash questioned changing the March 11^th date to backtrack tickets. DiBartolomeo explained the tickets were issued; it's a matter of enforcement. Farley responded to Councilmember Moore a fee for the license information: Ohio, $1.50 per plate; Pennsylvania, possibly $2.00 each. DiBartolomeo stated it could be attached to the fine. Kondik thanked Cicchirillo for his work. This passed 6-0, so ordered.

Cline felt new tickets should be enforced but didn't want AMPCO to think that manpower would be given for old tickets unless the city has the time and the staff. Harris said Cicchirillo would look at disbursements and the energy put forth.

A motion was made by Councilmember Ash, second by Councilmember Kondik to adopt a resolution to enter into contract with August Environmental, Inc., Morgantown, WV in the amount of $2,639.00 with an amount not to exceed $10,566 for quarterly ground water sampling at the Freedom Way underground storage tanks. Jerry explained a report was given to Brae Bryant for the quarterly sampling. One well came back higher, one dropped and another went up and until it's cleaned up, according to law, sampling has to be done. This passed 6-0, so ordered.

A motion was made by Councilmember Fletcher, second by Councilmember Kondik to enter into contract with Titan Industrial, Travelers Rest, South Carolina, in the amount of $4,500.00 for the purchase of two 5500 TGE electric start generator, one 3650 watt vertical generator, one 5.0 HPS gallon v-twin compressor, one 3x3 trash pump and one 46 piece air impact set. This passed 6-0, so ordered.

A motion was made by Councilmember Moore, second by Councilmember Cline to adopt a resolution to amend the 1966 operation and maintenance agreement for Harmon Creek watershed sites 1, 2, 3, 4, 13 and 14. Cline commented its been budgeted for two years, asking if it will move forward. Brae Bryant stated yes. This passed 6-0, so ordered.

APPOINTMENTS TO BOARDS AND COMMISSIONS - A motion was made by Councilmember Cline, second by Councilmember Mitchell to appoint Tim Reinard, 256 Bell Blvd. to the Weirton Transit Corp. This passed 6-0, so ordered.

A motion was made by Councilmember Kondik, second by Councilmember Cline to appoint Nancy Kowalski, 3333 Main Street to the Weirton Transit Corp. Harris noted its Kowalksi's business address; she lives outside the city but within 564 exchange. This passed 6-0, so ordered.

ADMINISTRATIVE REPORTS - FIRE: Councilmember Cline noted the report was complete.

DEVELOPMENT DEPT: Bob Riccelli responded to Councilmember Cline that he's been busy; the dept. administrators made his transition easier. He reported the work with the CDBG, discussing projects/grants. He said two replies were received for the redevelopment authority.

Harris expressed excitement with the city moving forward. He discussed being in Washington, D.C. speaking to aides to U.S. Senator Robert Byrd and U.S. Senator Jay Rockefeller about rebuilding the community. He said they understood it's an important opportunity to the steel industry and community redevelopment. Harris said good things will start happening as a result of the work with Cicchirillo and Riccelli.

TREASURER'S REPORT: A motion was made by Councilmember Fletcher, second by Councilmember Mitchell to approve the administrative reports, treasurer's report and to pay the general fund bills. Councilmember Cline commented he was happy the payments plans are working. This passed 6-0, so ordered.

With no further business before this, the March 11, 2002 Regular Session of the Common Council of the City of Weirton, the meeting was adjourned at 8:01 p.m.