Weirton City Council
April 8, 2002

Regular Session

A meeting of the Common Council of the City of Weirton, Hancock and Brooke Counties was held on April 8, 2002 at 7:00 p.m. in Council's Chambers of the Municipal Building.

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

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

Mayor Dean M. Harris led the Pledge of the Allegiance.

MINUTES - Mayor Harris advised the March 4^th meeting was omitted from the agenda. A motion was made by Councilmember Kondik, second by Councilmember Moore to approve the minutes of the March 4, 2002 Special Session, March 11, 2002 Regular Session and March 21, 2002 Special Session. This passed 6-0, so ordered.

MAYOR'S AWARDS AND PROCLAMATIONS - Harris commended five youth bowlers for doing a great job in a competition. It was discussed sixty teams participated at the state tournament in Dunbar, WV; this team placed third with a 41 pin difference between the top three teams. Harris said it brings honor and distinction to the city. He read the proclamation. He introduced each team member (YABA) and presented each with an award.

Harris proclaimed April as fair housing month, asking residents to affirm their commitment to fair housing.

Harris recognized and welcomed a scout troop 334 from the Cove United Presbyterian Church with Patti Criss as the merit badge counselor. Each boy scout introduced himself.

COMMUNICATIONS - Harris discussed the Gilson Avenue fire station is now manned 24 hours a day. He expressed appreciation to the firefighters who dedicated their time and tools, thanking them and Chief Cole for seeing the project completed.

Harris advised a meeting was held concerning Cove Field, explaining Weir High has to change a home baseball game in May to an away game. He and Joe Cicchirillo had been receiving calls. Those attending the meeting included Terry Weigel, athletic directors from Weir High and Madonna, and the Palomino coaches. Harris explained there was a lack of communication; the Palominos got sponsorship and on May 1, Iannetti's will refurbish the field. He explained communication will take place next year so it doesn't happen again. He said the city needs to reclaim ownership of the field, explaining there's been changes over the years and too many people doing too many things. He said the Palomino's effort was appreciated; sponsorship (banners) will cost Weir High one game; next year the field will be made better--second to none.

Joe Cicchirillo announced the Salvation Army dinner is set for April 22 at 6:30 p.m.; he has tickets.

Councilmember Cline commended officer Redish and the community service workers (sentenced by the court) for cleaning Power House Road and Greenbrier for two weekends in the rain and snow. He asked for a letter to be sent. He also thanked the inspections staff for ticketing junk vehicles in the city, saying the vehicles are disappearing and the city is cleaning up.

Councilmember Fletcher stated he would abstain from New Business items 1 & 2 and leave the room. He explained abstaining from the first item in the past since his employer is the consultant for Wheeling on this item; his company may or may not be awarded the contract for item # 2.

CITIZENS REMARKS - None.

REPORTS FROM VARIOUS BOARDS AND COMMISSIONS - Councilmember Minella reported the Finance Committee met with he and Councilmembers Moore and Kondik in attendance. Items recommended: 1 through 7.

Brae Bryant explained the upcoming services for residents:

A pilot program on April 15-19 for collection of electronic scrap. He said it's a rising issue in recycling. Items to be collected: TV's, VCR's, computers, stereos etc. Place them by the curb before 7:00 a.m.

Metal items Day scheduled for April 18^th. Place items by the curb before 7:00 a.m. Items to be collected: stoves, refrigerators, washers, dryers, hot water tanks, metal shelving.

April 22-26 Spring Clean-up for household goods. Scheduled for same day as trash collection. Place by the curb before 7:00 a.m. No construction materials, brush, trimmings, chemicals, or tires. Bryant advised the recycling program wouldn't take place then; a press release was sent.

Bryant explained the WVDOH is sponsoring a tire clean-up with sites in Wellsburg and New Cumberland April 22-27, 7:30 a.m. until 7:00 p.m. (Saturday until 5:00 p.m.) Residents must show proof of residency and can bring up to 50 tires.

April 20^th, 7:00 a.m. - noon residents can bring batteries, used oil, paint, hazardous materials; must have a Hancock County trash receipt.

Councilmember Cline advised the tire drop-off will take place at the county garage, saying Bryant tried to get a drop-off location in Weirton. Bryant said the DOH stated it couldn't be done because they've received many requests throughout the state and can't honor all of them. Bryant said he was told a non-highway site would lack control. He hoped, however this could be lobbied to increase the sites. Councilmember Moore asked if a trailer could be rented and the DOH could haul it away. Bryant explained the city couldn't participate but the residents and take their tires to the locations. Moore noted some residents don't like using their vehicles to haul tires to the DOH sites. Bryant agreed but said the DOH denied the request. Harris stated he would take this to the Municipal League meeting as it may be a problem with other cities.

CITIZENS REMARKS - None

Harris asked Councilmember Fletcher to leave the room. Fletcher did so. Harris explained Fletcher left the room because WV Ethics Commission ruled Councilmembers shouldn't vote if they're personally involved in an issue; they should also leave the room.

Resolution - Participation in Home Consortium - A motion was made by Councilmember Minella, second by Councilmember Kondik to adopt a resolution to authorize participation in the Northern Panhandle Home Consortium for July 1, 2002 to June 30, 2003 and approval of the action plan for the Home Consortium. This passed 5-0-1 with Councilmember Fletcher abstaining.

Resolution - Services for Redevelopment Plan - A motion was made by Councilmember Minella, second by Councilmember Mitchell to adopt a resolution to enter into contract with Mullin & Lonergan Associates, Inc., 800 Vinial Street, Pittsburgh, PA for consulting services for the provision of studying the feasibility of establishing a redevelopment authority and preparing a redevelopment plan consistent with WV Urban Renewal Authority Law in an amount not to exceed $22,000 from CDBG. Joe Cicchirillo explained to Councilmember Kondik it would start now and take about two months; a cost analysis and man-hours were included in the cost. This passed 5-0-1 with Councilmember Fletcher abstaining.

Councilmember Fletcher returned to the room.

Resolution - Lease of a Bus Shelter- A motion was made by Councilmember Moore, second by Councilmember Cline to adopt a resolution to enter into agreement with the Steel Valley Regional Transit Authority for lease of a bus shelter at Freedom Way and Market Street with the annual rental being one dollar. Councilmember Fletcher inquired if it would be beneficial for the city to advertise and limit other advertisers. He explained disliking all the advertising on the buses in Pittsburgh. Harris said its clear plastic and wasn't sure if it would work. Cline suggested looking at the time table the buses run. This passed 6-0, so ordered.

Resolution - Metal Lockers for Fire Station - A motion was made by Councilmember Moore, second by Councilmember Cline to adopt a resolution to enter into contract with Industrial Supplies Company, 324 N. 7^th Street, Steubenville, OH in the amount of $2,279.25 for purchase of nine ventilated expanded metal lockers for the Gilson Avenue Fire Station. Councilmember Fletcher noted it doesn't state if it's a budgeted item. He requested it to be on the resolutions at the next meeting. This passed 6-0, so ordered.

Resolution - Copier for City Building - A motion was made by Councilmember Cline, second by Councilmember Mitchell to adopt a resolution to enter into contract with Stenger Business Systems, 1035 Chapline Street, Wheeling, WV in the total amount of $258.75 per month for lease agreement for city building copier. Joe Cicchirillo replied to Councilmember Cline that it replaces the main copier at the building. This passed 6-0, so ordered.

Resolution - Stealth Air Bottles for Vol. Fire Co. #2 - A motion was made by Councilmember Kondik, second by Councilmember Moore to adopt a resolution to enter into contract with Fire Force, Inc., 779 Pittsburgh Road, Butler, PA in the amount of $11,354 for purchase of 14 MSA ultra lite stealth air bottles for Weirton Vol. Fire Co. #2; utilizing funding from Governor's Local Economic Development Assistance Grant Funds. This passed 6-0, so ordered.

Resolution - Compaction Unit - A motion was made by Councilmember Kondik, second by Councilmember Minella to adopt a resolution to enter into contract with A & H Equipment, 1125 Mclaughin Run Road, Bridgeville, PA in the amount of $41,995, utilizing sanitation revenue for purchase of one 25 yd. high compaction unit. Councilmember Moore asked if the current unit is workable. Brae Bryant explained the garage and sanitation depts. recommended replacing it because its suffered down time, maintenance costs and impacted daily operations. He explained to Moore the vendors represent particular brands; A&H has offered to assist with selling it. Bryant said it's a cash purchase consistent with the sanitation budget. He explained to Councilmember Mitchell it wasn't specifically identified in the budget but it's a part of making sure the equipment doesn't affect services. Councilmember Cline suggested Bryant work with Valerie Means to adjust the fleet replacement program for sanitation. This passed 6-0, so ordered.

Ordinance - Acquire Ownership of Cove School Property - A motion was made by Councilmember Fletcher, second by Councilmember Kondik for an ordinance with the Hancock County Board of Education to acquire ownership of Cove School structure and property. This passed 6-0, so ordered.

AMEND THE AGENDA - Mayor Harris stated a resolution was omitted from the agenda. He asked for a motion to amend the agenda. Motions were made by Councilmember Fletcher, second by Councilmember Mitchell to amend the agenda to add a resolution. Councilmember Moore asked if it could be done without all seven members present. Joe DiBartolomeo didn't have his book of Robert's Rules with him, saying he believed all Councilmembers are needed for emergency readings. He said it's a change in the agenda and thought it needed 2/3 vote. Harris agreed, advising the resolution doesn't involve spending money. A roll call vote was taken with a yes is in favor, a no is opposed:

Councilmember Minella Yes

Councilmember Moore No

Councilmember Kondik Yes

Councilmember Cline Yes

Councilmember Fletcher Yes

Councilmember Mitchell Yes

The motion to amend the agenda passed 5-1, so ordered.

Resolution - Pride Day - Harris explained it declares April 12^th Weirton Community Pride Day; staff put thought into it. He read it. A motion was made by Councilmember Fletcher, second by Councilmember Kondik to adopt a resolution to proclaim April 12 as Weirton Community Pride Day. Joe Cicchirillo explained many residents were commenting about litter; the department administrators felt the city should start a pride day; 40 city employees would spend a day collecting litter in the areas needed. He said what Mr. Redish has done is appreciated but its not enough. He explained people thoughtlessly throw trash out their car windows; perhaps this would remind them not to add to the trash. Harris said council has been invited to participate. He explained receiving letters and complaints, saying because of the steel industry, people visit the town and they feel there's not a effort to keep the area clean. He said the clean-up would be done a couplet times a year. He commended the dept. Administrators and hoped for the community's support, saying it can start with the city. This passed 6-0, so ordered.

EXECUTIVE SESSION - A motion was made by Councilmember Minella, second by Councilmember Fletcher to convene into an Executive Session consistent with West Virginia Code 6-9-A-4 to discuss personnel and/or possible litigation. This passed 6-0, so ordered.

Council reconvened at 8:15 p.m.

Resolution - Rescind Resolution for Police Officers to Retain their Weapons - A motion was made by Councilmember Cline, second by Councilmember Minella to adopt a resolution to rescind a resolution dated June 8, 1998 authorizing Weirton Police Officers with more than 20 years of service to retain their service weapon. Councilmember Moore felt it shouldn't be passed because of legalities the city might get into, saying it should be voted down. Councilmember Fletcher didn't recall any discussions on legalities and thought it was discussed. Councilmember Kondik said it's an economic situation not legal. A roll call vote was taken with a yes is in favor, a no is opposed: Councilmember Moore No

Councilmember Kondik Yes

Councilmember Cline Yes

Councilmember Fletcher Yes

Councilmember Mitchell No

Councilmember Minella Yes

The resolution passed 4-2, so ordered.

APPOINTMENTS TO BOARDS AND COMMISSIONS - Planning Commission - A motion was made by Councilmember Minella, second by Councilmember Kondik to reappoint Charlene Clausell, 413 Penny Lane, for a term of 4/1/2002 - 3/31/2005. This passed 6-0, so ordered.

A motion was made by Councilmember Cline, second by Councilmember Moore to reappoint Ron Zellars, 104 Vista Drive for a term of 4/1/2002 - 3/31/2005. This passed 6-0, so ordered.

A motion was made by Councilmember Fletcher, second by Councilmember Kondik to reappoint Brian Robinson, 104 Scenic Drive for a term of 4/1/2002 - 3/31/2005. This passed 6-0, so ordered.

ADMINISTRATIVE REPORTS - Inspections - Harris noted complaints about a newspaper flyer from a local company being thrown in front of vacant houses; some of the newspapers scatter across the roads. Rod Rosnick explained there's no ordinance against it; only littering and this issue of throwing papers at vacant houses was discussed with the company. Councilmember Moore suggested notifying the newspaper the paper carriers will be arrested for littering.

Fire - Chief Cole discussed with Councilmember Cline the report wasn't complete because the other reports didn't meet the deadline. Councilmember Fletcher requested a copy whether it's turned in late or not. Councilmember Moore asked if the overtime line item was over budgeted due to Gilson station being opened 24 hours. Valerie Means explained it was discussed there's a change in the way to calculate overtime and items to be included; the supplemental pay and longevity have to be in the regular rate of pay then calculate the overtime rate on top of that; it had been discussed sometime ago that some depts. would need a revision. She said this would be done in May; it doesn't mean there's more overtime, it means for every hour of overtime, they're calculating more in the regular rate of pay than in the past.

Park Board - Harris commended the staff and Kevin Elias on the basketball tournament and the swim meet.

Community Development - Councilmembers Kondik and Minella apologized for not getting their letters to Bob Riccelli in support of the annexation.

Treasurer's Report - A motion was made by Councilmember Fletcher, second by Councilmember Mitchell to approve the Treasurer's Report, administrative reports and to pay the general fund bills. Councilmember Cline reserved comment for after the vote. This passed 6-0, so ordered. Cline stated the audit report was good with one true audit finding, thanking the finance dept. Harris agreed.

Harris advised council would lay the levy on April 16^th at 5:00 p.m. followed by a workshop at 5:30 p.m. He responded to Councilmember Fletcher that the purpose of the workshop is to discuss some of the city's projects the dept. administrators have been working on. It was discussed it is required by state law to lay the levy the third Tuesday in April.

Harris advised of a second workshop on April 24^th to discuss the issues with the fire dept. and reorganizing the volunteer fire depts.

ADJOURNMENT - With no further business before the April 8, 2002 Regular Session of the Common Council of the City of Weirton, the meeting was adjourned at 8:28 p.m.