WEIRTON CITY COUNCIL APRIL 7, 2003

COUNCIL MEETING

A meeting of the Common Council of the City of Weirton, Hancock and Brooke Counties was held on April 7, 2003 at 7:00 P.M. in Council's Chamber of the Municipal Building.

Councilmembers in attendance: Charlie Mitchell, John Moore, George Ash, George Kondik Dave Cline and D. J. Minella.

City Officials in attendance: Brae Bryant, Rod Rosnick, Chief Cole, Chief Gordon, William Fahey, Joe Cicchirillo, Bob Riccelli, A. D. Mastrantoni, Valerie Means and Millicent Zack

Mayor Dean M. Harris led the Pledge of Allegiance.

MINUTES

A motion was made by Councilmember Minella, second by Councilmember Mitchell to approve the minutes of March 10, 2003 Regular Session.

MAYOR'S AWARDS AND PROCLAMATIONS

Mayor Harris read a proclamation declaring April as Fair Housing Month and presented it to Denise Allen, Housing Planner

Mayor Harris read a proclamation for Equal Pay Day for Women.

COMMUNICATIONS

Mayor Harris stated that the issue he would like to address was addressed by the City Manager at a Finance Committee meeting regarding a rumor being circulated through the city which Mayor would like to put rest. The rumor has been that the suggestion or possibility that the Weirton City Council is considering an increase in the Police and Fire Service Fee from the current $50.00 a year to $250.00 a year. Mayor Harris stated he wanted to go on record and state that this discussion has never taken place, and he does not support this and thinks it is unfair to have this type of discussion in the community when there are a great deal of hardships and concerns based on what is happening in the Community. Mayor Harris stated he wanted to go on record personally and speaking for council this discussion has never taken place and anybody that is spreading this word is spreading it without knowledge or fact.

City Manager communicated that probably by the end of the month Robert Kimball will have a written recommendation on the consolidation on the 911 system for Brooke and Hancock Counties. Will have a discussion at that time with members of this committee who will make a recommendation to both County Commissions as well as City Council, on the consolidation and possible location of a 911-dispatch center some place in Weirton.

Councilman Cline stated that on the Mayor's first subject about the Fire and Police Service Fee, he has received calls that some individuals were receiving phone calls especially our Senior Citizens that this council was considering raising the fee from $50.00 to $150 to $250. Councilman Cline asked if anyone here has had this discussion with anyone. All councilmembers stated no. Councilman Cline asked the Finance Director if this has ever come up in budget discussions, Valerie Means responded no. Thanked the Mayor for his comments.

Councilman Kondik stated he would like to recognize Jeanne Pelligrino for attending the meeting tonight for Leadership Weirton, also Irene Minzdak and Joe Cicchirillo.

CITIZENS COMMENTS

Gregg Boniti 116 Heights Street - Thanked the Mayor and Council for letting him speak tonight regarding the issue of the Rosie Brewer property and the liens placed against this property. This property is located on Patterson Road and the former owners did not pay the back taxes on this property and the City of Weirton has two liens against this property. One lien is for $2500.00 and

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one lien is for $2400.00. The total lien value against this property is in excess of twice the appraised value. Proposed to the former owners to settle the liens and buying the property, having done this nobody wants to pay twice for what it is worth, I have two letters who have negotiated a smaller amount. If nothing is done on this and I can't get the price, this property will go for about $1,000.00 and the City of Weirton will not get their lien amount. I propose to pay for the one lien. I intend to improve the property and build a house. I would appreciate it if you would support this resolution.

Councilman Moore asked if Gregg was asking consideration for both lots and what are the sizes of these lots. Mr Boniti responded yes to having both lots and frontage is 107' and total depth is 200'.

Chris Christ - 126 Greenlawn Blvd. - Stated that a little over one year ago came to council with a petition of 100 signatures to have the roads in Greenlawn repaired. At this time the councilman at the time had promised the majority of the people that he would have something done as far as working with getting the roads in a passable state because they are absolutely deplorable. On June 10, 2002, last year council passed a new business item 11 which stated that authorization to advertise for engineering study and planning for reconstruction or resurfacing for Greenlawn, Forest, Scenic, Valley Way and Sharon Drive. We were told that I would be kept abreast of what has transpired and as of today I have not heard anything. We the citizens of Greenlawn would like for you to take the time and drive up to this neighborhood and possibly check out the streets for yourself to see what deplorable condition they are in. Spoke to a gentleman with the Department of Highways who came over to look at this area and contrary to what we have been told that it cannot be done, he said it could be milled and paved. They did this on a part of Forest. Question for the City Manager - If the advertisement went out, when did it go out, what was done, were there any bids? Mr Bryant will address these questions, Brae stated that we went through the process of securing an Engineering Service and we have received a bid on these services which will be passed at a special council meeting next week. Mr. Christ, if this is the case and this was passed and it states in here that the city council voted 6-0 in favor of Greenlawn is listed as #1, Forest #2 and Scenic #3. So are you telling us that it will be done in that order. Brae explained we have no listing in order, we grouped these all together for a better price, we have established no priority, all five roads listed are top priority. Chris, will we be kept abreast of what is going on, will it be in the paper. If nothing is done, we will fill the council room with residents. We even have pictures with rebar sticking out of the road. Thank you for your time.

Councilman D. J. Minella made a comment that they have a similar problem in his neighborhood.

Councilman Dave Cline explained that we did not vote to have these streets done, we voted to do the engineering study on all our concrete streets to see how we can best address these streets. We did not vote on dedicating dollars to actually doing improvements, we had to get the options and how much it will cost to address the issue of the concrete streets, and that is what was voted on. If you were given the impression that your street would be paved or dug up or something be done immediately, I wasn't aware of that and I apologize. The councilman is not here, but he made it very adamant that he wanted something done. If we have safety issues public works should be taking care of this.

Mayor Harris stated that he has talked to Brae and the City Manager and he also took a ride in this area and there is no question that the streets are really bad, so is Valley Way and Sharon Drive and we have talked about ways to address this problem. I am not aware of what the engineering study will say and we will have to wait until we get this report. This does not mean we cannot go in and address the problems which exists. I think we can put some resources and manpower into this area to address the rebar and the other problems.

Jason Backel stated that he cannot add much more to what Chris has said, but does have pictures which he would like council to take a look at. Stated the roads are really dangerous.

Mayor Harris told Brae Bryant to go into this area tomorrow to fix the problems that we can take care of right now.

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An elderly gentleman spoke on what the city was responsible for if someone falls in this area.

Attorney Fahey responded that each case is different and we have an ordinance that children are not permitted to ride bicycles in the street.

Virgil Thompson stated that it appears to be the season for a lot of rumors to be flying around and one rumor he would like to address is the misconception on the In-Lieu of Agreement which is on the agenda tonight. One of the misconceptions he wanted to address was that Weirton Steel does not pay a Municipal Fire and Police Service Fee. Weirton Steel does pay one million forty-five thousand dollars on an annual basis. In addition to that Weirton Steel Corporation pays a payment in Lieu of Tax agreement and if this is approved tonight they will pay for the next three years one million one-hundred fifty-four thousand dollars. That misconception has been reported to me and I have heard it from several people, I don't know where it comes from but I think it is important for the community to understand that Weirton Steel Corporation pays its fair share, it does pay the Municipal Fire and Police Service Fee, in fact it pays a payment in Lieu of Taxes which some businesses in this community do not pay. If you would have any questions, please feel free to ask me.

Mayor Harris would like to entertain a motion to move into executive session consistent with West Virginia State Code 6-9-A-4 (4) to discuss litigation and personnel matters. Motion made by Councilman Ash, second by Councilman Mitchell, any question to the motion, so passed.

Mayor Harris stated to let the records reflect that council reconvened at 7:35 from executive session.

Finance Committee Councilman Minella stated that the Finance Committee met on Thursday, April 3, 2003, Councilman Moore and Councilman Kondik in attendance we are supporting items 1, 2, 3, 5, 11 and 14. On item 12 there was a split 2 to 1 Councilman Kondik and Minella in favor Councilman Moore opposed. Councilman Ash asked why this No. 12 was split when it is a mandated issue. Councilman Minella stated it is definitely mandated.

Councilman Cline made a motion to amend the agenda. Mayor Harris stated there is a motion to amend Robert's Rule of Order to place on the agenda the appointment on an interim basis 7^th Ward Councilman to fill unexpired term of Councilman Fletcher, second made by Councilman Kondik. No questions to the motion, so passed.

Mayor Harris entertained a motion to fill the unexpired term of Councilman Chris Fletcher 7^th Ward Councilman. Councilman Kondik made the motion to appoint Don Gianni, Jr. 104 Lisa Court to this position, second by Councilman Mitchell. Councilman Moore would like to make an amendment to this by putting all applicants into a hat and draw a name out of the hat. Attorney Fahey stated according to Robert's Rules that is not an amendment that is an alternative proposal. Councilman Moore made another amendment which was the same as the first amendment. Mayor Harris stated he has never heard of this procedure. No further questions, so passed.

Mayor Harris administered the oath of office to Don Gianni, Jr. who took council seat for 7^th Ward.

Mayor Harris would like to appoint the Interim City Clerk to replace the past Interim City Clerk. Mayor Harris recommended Sue Heaston to serve as city clerk until the end of the year, motion made by Councilman Moore, second by Councilman Ash, so passed.

OLD BUSINESS

Second Reading, Ordinance No. 1372, Ordinance to accept property from Pete Caritis, 3002 and 3004 Main Street. It was moved by Councilman Minella, second by Councilman Moore, any questions to the motions, Councilman Ash abstained, so passed by 6-0.

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Second Reading, Ordinance No. 1373, Ordinance to accept property from Weirton Steel Corporation, for the Steelworker's Memorial at the intersection of Pennsylvania Avenue and Main Street. It was moved by Councilman Cline, second by Councilman Moore, no question to the motion, so passed.

NEW BUSINESS

Resolution to enter into contract for Purchase and Installation of Carpeting for Police Department from Carpet Showcase, 3700 Market Street, Wheeling, WV. 26003 for $4,181.10. Moved by Councilman Minella, second by Councilman Mitchell, comment made by Councilman Kondik vented his frustration that there were no carpet businesses in Weirton who submitted a bid, no questions to the motion, so passed.

Resolution to enter into contract for the Purchase of New Computers and Software for Weirton Fire Department from Custom Fit, Inc. 4425 Brookfield Corporate Drive, Chantilly, VA. 20151 in the amount of $8,271.00. Moved by Councilman Mitchell, Second by Councilman Cline, Mayor Harris stated this money is being used from Hancock County Video Lottery Funds, any questions - Councilman Moore asked if he had people who knew how to run the equipment. Chief Cole stated yes they have been using computers in his department for 14 years. No further questions to the motion, so passed.

Resolution to enter into contract for cleaning of Municipal Building Air-Ducts from Mountain Aire Heating and Air Conditioning, 700 Market Street, Wheeling, WV. in the amount of $5,700.00. Moved by Councilman Minella, second by Councilman Ash, any questions on the motion, Councilman Kondik made a comment that again no Weirton businesses submitted a bid, so passed.

Resolution to accept one-half of the Lien amount of properties demolished by the City of Weirton in the amount of $2,450.00. Moved by Councilman Mitchell, second by Councilman Cline, no questions to the motion, so passed.

Resolution to enter into an In-Lieu of Agreement with Weirton Steel Corporation in lieu of taxes being paid to the City of Weirton. Mayor and Councilmembers affiliated with WSX left the room. Meeting then conducted by recorder. Moved by Councilman Ash, second by Councilman Kondik, no questions to the motion, so passed.

Resolution of the Council of the City of Weirton authorizing participation in the Northern Panhandle Home Consortium for the period of July 1, 2003 to June 30, 2004. Correction made that instead of Wheeling, it should be noted we are Weirton. Moved by Councilman Minella, second by Councilman Mitchell, no questions to the motion, so passed.

Resolution to place liens against real properties for costs incurred in demolition of unsafe properties pursuant to ordinance No. 250 North Weirton Community Center Avenue A, the amount of the lien $3,705.00. Moved by Councilman Mitchell, second by Councilman Cline, no questions to the motion, so passed.

First reading of Ordinance to update the City of Weirton's Building Code. Mayor Harris called upon Rod Rosnick to explain what council would be voting on. Rod stated that this is in compliance with the State of West Virginia through the Fire Commission has adopted the 2000 International Building Codes to become effective on April 1, 2003 so we are by law required to update our Ordinance. Moved by Councilman Moore, second by Councilman Kondik, no questions to the motion, so passed.

Resolution to authorize Weirton City Council to file a Declaratory Judgment action to determine Status of Volunteer Fire Department. Moved made by Councilman Cline, second by Councilman Minella, any questions on the motion - Councilman Ash wanted Ordinance No. 1359 and 1360 is not sure what they are. Attorney Fahey stated they are ordinances to dissolve

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the Weirton Fire Department. City Council passed the ordinance set forth the terms and conditions under the dissolution would take place, this has not been done it is now before the Circuit Court Judge and there has to be further amendments and further pleadings before the Judge would take action on what has been pending for almost one year. Councilman Ash asked if we take no action what happens. Attorney Fahey stated that the Judge has indicated that we would dissolve the injunction and take no jurisdiction over any of the departments. He will not address the issue of distribution of equipment until there is a dissolution. Mayor Harris asked for a roll call vote, yes is in favor of the resolution.

Councilman Ash - No

Councilman Moore - No

Councilman Gianni - Abstained

Councilman Mitchell - No

Councilman Cline - Yes

Councilman Minella - Yes

Councilman Kondik - Yes

Role call vote was a tie, Mayor Harris voted yes, ordinance passed 4-3.

Ordinance amending Article No. 351 of the Traffic Code of the Codified Ordinances of the City of Weirton. Mayor Harris called upon Councilman Cline to explain this ordinance since he is sponsoring this ordinance. Councilman Cline stated this is to require vehicles parked on the street to be in good working order and safe operating condition, if vehicles are not in good condition cannot park 4 or 5 cars parked on the street with headlights out or the car will be towed away after 72 hours. This just gives the police department another tool to have non working order cars moved. Moved by Councilman Cline, second by Councilman Kondik. Councilman Moore asked if a person has more than two vehicles where are they suppose to park. What do you suggest they do. Councilman Cline stated that this is not a problem if they move the car before 72 hours. Councilman Ash stated he is worried about enforcement. Discussion ensued on who can and cannot enforce towing of the cars, out of state license, etc. Councilman Cline stated he thought this is just another tool for the Weirton Police Department. Mayor Called for a roll call vote.

Councilman Moore Yes

Councilman Gianni Yes

Councilman Mitchell Yes

Councilman Cline Yes

Councilman Minella No

Councilman Kondik Yes

Councilman Ash No

Vote passed 5 to 2.

Resolution to authorize installation of monitoring Well at Freedom Way Underground Storage Tank Site by August Environmental, Inc. P O Box 781, Morgantown, WV. 26507 in the following amounts well installation $3,576.00, waste disposal $1,243.00, quarterly sampling $256.00/quarter $1,024.00 annually). Moved by Councilman Minella, second by Councilman Mitchell, so passed.

Resolution to submit application fee for small municipal separate Storm Sewer System to West Virginia Department of Environmental Protection. Mayor Harris stated that this is a mandated issue. Moved by Councilman Minella, second by Councilman Kondik, so passed.

Resolution to declare Friday, April 25, 2003 as Weirton Community Pride Day. Moved by Councilman Gianni, second by Councilman Cline, so passed.

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Resolution to authorize contribution to the Weirton Area Community Foundation to support Weirton's "Melting Port Festival" in the amount of $5,000.00. Moved by Councilman Kondik, second by Councilman Minella. Mayor called upon Bob Riccelli to explain what this money would be used for. Bob stated this is an effort which a committee of individuals have been working on and they would like to coincide with the Wheeling Symphony which is scheduled for July 5^th. The groups which they have scheduled to perform on July 6^th are the U. S. Kids, B.E. Taylor, Donnie Iris, and Legends. Bob stated he feels this is something in which the community needs. All activities will be on the GO Grounds and has been approved with WSX and the Fire Chief. Motion made and second, so passed.

Resolution to accept the recommendation of the Planning Commission for Final Approval Contingent upon the following for Heather Moor Subdivision located at Linton Lane for Woda Development and Construction, Inc. Moved by Councilman Cline, second by Councilman Mitchell, any questions to the motion, Councilman Moore asked Brae about the widening of Linton Lane going into this subdivision. Brae responded at this time there has been discussion but nothing permanent and Brae does not foresee a problem at this time. Councilman Moore does seem to think there is a problem and the street is very narrow. Mayor asked for a roll call vote.

Councilman Gianni Abstain

Councilman Mitchell Yes

Councilman Cline Yes

Councilman Minella Yes

Councilman Kondik Yes

Councilman Ash Yes

Councilman Moore Yes

Vote passed 6 - 1 abstained

Ordinance to amend article 7 of the Zoning and Land Use Regulations of the City of Weirton. Motion moved by Councilman Cline and second by Councilman Minella, any questions to the motion, so passed.

APPOINTMENTS TO BOARDS

It was moved by Councilman Minella, second by Councilman Cline to appoint Sherry Pepper, 3636 Collins Way to the Weirton Historic Landmark Commission - Term April 2006

so passed.

It was moved by Councilman Minella, second by Councilman Mitchell to appoint Richard Reinard 160 Colliers Way to the Weirton Historic Landmark Commission - Term April 2005

so passed.

It was moved by Councilman Kondik, second by Councilman Moore to appoint Eleanor Fox 148 Circle Drive to the Weirton Historic Landmark Commission - Term April 2006, so passed

It was moved by Councilman Cline, second by Councilman Ash to appoint Dan Jones 103 Bell Street to the Weirton Historic Landmark Commission - term 2006, so passed.

It was moved by Councilman Kondik, second by Councilman Mitchell to appoint Beth Gaughan 205 Sharon Drive to the Weirton Historic Landmark Commission - Term 2004, so passed

ADMINISTRATIVE REPORTS

Police Department Mayor Harris stated to Chief Gordon that he has been receiving complaints of speeding on Palomino Drive between the hours of 5:30 - 7:30 A.M. and again in the early evening hours. Mayor asked Chief Cole if he could possibly get extra patrol in this area and to use radar trailer.

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Inspections Department Charlie Mitchell thanked Rod Rosnick for his help last week.

Public Works Department D. J. Minella - stated that Clean Up Week was off to a good start weather wise. Brae Bryant stated he has received complaints on our roads and would like to announce that we are using cold mix right now and as soon as hot mix is available will put in the hot mix. Mayor advised Brae that council would like for him to get up to Greenlawn area to check on the problems which were expressed at the meeting.

Councilman Cline asked when he receives calls for pot holes, has the plant started making hot patch. Brae responded that they have and as soon as clean up week is over will be patching. Councilman Kondik thinks spring clean up should be delayed until pot holes are patched.

TREASURER'S REPORT

Ms. Means gave the treasurer's report. It was moved by Councilman Minella and second by Councilman Mitchell to accept the administrative reports, the treasurer's report, and to pay the General Fund Bills, this passed unanimously.

ADJOURNMENT

With no further business before this April 7, 2003 regular session of the Weirton City Council the meeting was adjourned after the closing prayer.