A meeting of the Common Council of the City of Weirton, Hancock and Brooke Counties was held on April 9, 2001 at 7:00 p.m. in Council's Chambers at 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: Joe Cicchirillo, Valerie Means, Melissa Farley, Ric Rekowski, Chief Kessler Cole, Chief Ralph Fletcher, Rod Rosnick, Terry Weigel, Brae Bryant, A.D. Mastrantoni, Dan Mastrantoni, Gene DelGreco and William Fahey.

Mayor Dean M. Harris led the Pledge of Allegiance.

A motion was made by Councilmember Minella, second by Councilmember Mitchell to approve the minutes of the March 12, 2001 Regular Session and the March 21, 2001 Special Session. This passed unanimously, so ordered.

Harris asked John Alatis to explain about the students of Weir High's Key Club. Alatis thanked council, saying the kids have their own representatives of city government; it's a tradition and they will run city government tomorrow.

Harris thanked everyone from the Kiwanis Club who were involved, saying it's a good tradition. He said each student has a position and they will follow department administrators and work with government all day. The students elected each other to their positions. Harris asked them to state their positions. He congratulated them and conducted the swearing-in ceremony.

Harris said prior to Old Business, he will ask to suspend Robert's Rules and go into an executive session to discuss personnel matters.

Phyllis DeMasis of the Ward IV Homeowners Association discussed attending the CDBG hearing and learned there's $30,000 for demolitions. She said in attending code enforcement meetings, the cost doubles with homes with asbestos. She wanted to see more CDBG money toward this.

She also said the Homeowners have waited for someone to extend a courtesy to Ward IV residents concerning the access road to Marland Heights. She said they felt Councilmember Kondik could've asked them or councilman Ash how they felt about it. She said its been discussed at the council meetings that the work will be done in-house and hopefully with the Army Reserves. She said the Homeowners referred questions to the Army Dept., receiving a reply. She asked Farley to distribute it to council. Harris said he spoke to someone in Charleston who is taking over the position with the Army; the person is interested in the project and will be contacted when the city undertakes the project. Councilmember Cline explained to DeMasis that there's hoops to jump before getting to headquarters. DeMasis said she had to jump through them for a reply. Cline said she should realize no formal presentation has been done; its been verbally discussed through congressional delegation and with local units. He said the formal presentation needs engineering reports before requesting assistance. He said even then, it doesn't mean the Army will do it or have the time. Councilmember Ash said he's had conversations with the city officials and was told where (access road) will be. He said he and Councilmember Mitchell suggested looking at other avenues but were told its going to be on Lee Avenue. He agreed with Cline about the hoops to jump, but said he didn't care what the local units have said--that if the Major General told the Homeowners Association no, then it will be no. Harris said its been made clear from the start that the project won't be rushed into and will be done right. He said he's had good discussions and doesn't disagree with councilmember Ash but he was told by someone that there would be people ready to train and help with the work. He explained the safety of Marland Heights residents is the utmost importance to him and everyone. DeMasis said its not her concern. Harris said he realized this but its been discussed for some time and it's the first he's heard from anyone from Ward IV including councilman Ash. DeMasis she just got the letter from the army. Councilmember Kondik asked why the fourth ward residents haven't contacted him. She felt he should have contacted her. Councilmember Kondik said if the residents of ward IV would call him, he would discuss it anytime. She asked why they would have to call. Kondik said she's the one concerned. She said Kondik has never discussed it with the residents. Mayor Harris interrupted, thanking DeMasis for her concern.

Vince Oliver, Heights Street, discussed Heights, saying its on-going problem that he's been trying to get resolved for 10 years. He asked if council received a copy of the results of BHJ's study. Joe Cicchirillo said he received it this day. Oliver said there's 1, 050 cars on Heights daily; 833 go of this go to the school, saying its 80%. Cicchirillo didn't know the percentage that goes to the school, saying not all the traffic on Heights goes to the school. The two discussed this. Oliver explained it is 80%. He believed the traffic counters weren't properly placed, saying one was placed at the ends of the road. He said he understood they were there for local traffic too, but its not a true count of the speed of cars traveling on the street. He said the counters were put 100 or 75 feet off of S. 11^th onto Heights; he said no one making that turn would be speeding; there's a stop sign there on Heights. Oliver said from Sinclair to the school lot is 15 mph. He said no one including the police travel Heights at 25 mph. He asked for a restudy with the counters placed in the middle of the road for a true speed count. He said on Thursday, and Friday, 25 kids played in their yards on Heights; he said the children aren't being protected. He said the study doesn't give a true reading of the speed; his sister was present and couldn't believe the speeders. He said someone on the road will get killed.

Oliver asked why the city is patching holes on school property and not city streets. He said Cicchirillo told him there's 126 miles of city streets. Oliver said 120 need repaired. He asked why the city spent money patching holes at Weir High. He said he called Brae Bryant who said he had no knowledge the crews were there. He said Bryant explained a work order came from the county, it was denied. Oliver said it was done anyway. He said Cicchirillo gave a directive that the lots were not to be paved He said its happened more than once. Harris said Cicchirillo answered what happened. Oliver said he wanted the city funds reimbursed from who ever gave the order or for the school board to reimburse the city. he said they had two trucks, a roller and five employees. He said he didn't know how long they would've stayed if he wouldn't have called Bryant. Oliver said city streets need patched but they went to private property, saying the school board does nothing for the city. Harris asked Bryant to address it publicly. Oliver said he had accepted Bryants explanation. Bryant said someone from the dept takes a call and produces a work order. He said a work order was produced, not approved and misfiled. He said the crew has been patching in all the wards; the streets aren't being neglected. He said the work order was placed in a stack of orders, the crews grabbed it, patched it and it was an accident; it's the first time they've been up there this year; it wasn't approved, it was a mistake. Oliver requested a study re-done on Heights. Councilmember Ash asked if the study cost any money. The response was no, BHJ conducted the study. Ash said he told Oliver before the meeting and wanted to say publicly that he's not going to get into Councilmember Cline's business because its not his place until he's asked to get involved. Ash said its not personal to Oliver but he's the only person who has come down to complain. Cline said another study would probably show more speeding; if Cicchirillo sees merit it can be done; there's probably other things that could be done. He said there's going to be problems when you live next to a school; his first concern is School Street because of the cross roads to other streets; Heights is the second concern. He said an officer would have to be there to have attitudes changed and it takes time. Councilmember Moore asked where the counters are on the street; how it would designate if someone was speeding. Cicchirillo said it has a magnetic field that hits when the car goes over it. Councilmember Cline explained there are computer chips in the counters. Oliver said it has two little eyes which gives visual images and when the car goes by it gets another image for speed. Moore asked if it takes a picture of the license number. Harris said it doesn't say who is speeding but the counters calculate the speed and number of cars and how many traveling that fast. Joe said BHJ will see about another study to get an accurate account of speeding.

Rose Mark, 3540 Brightway, said Oliver is her brother. She said she can verify the speeding because she now drives her granddaughter to school. She said many children are on Heights after school. She agreed a true count of speed can't be determined with counters at the end of the roads.

She discussed the city clean up was recently in the newspaper and didn't know how its decided to hold it but she felt its been held over the years a week early. She said its going to be the week after Easter, explaining her clean-up on Marland Heights is on Tuesday. She explained how people would be busy with the holiday and didn't think people would want to spend their weekend hauling junk. She requested clean-up to be pushed back a week. Councilmember Kondik said he agreed 100%. Harris said the city is probably locked into the date. She asked why. He said its been publicized, it's a large undertaking. Mark said it used to be advertised ahead of time, asking what would be involved to change it. Bryant said it was published two and a half weeks ago and Spring Clean-Up is dictated by the availability of the trucks; trucks are rented to complete cleanup. He said they use the entire street and sanitation dept; pushing back the date of cleanup pushes back other projects. She inquired about this. Bryant said patching, grass cutting and wasn't sure of any legal implications. Councilmember Cline said it would have to be put on the books not to do it. Harris called for order. Cicchirillo said he didn't think it would be adjusted this year, didn't know how to do it and understood Mark's feelings.

Peggy Fiedorczyk explained she wanted to make her comments later. Harris said he wouldn't give her that chance. She asked if the businesses want to fight the 3% salaries increases. Harris said it was rumored but he didn't get a phone call from them. Councilmember Minella said he talked to their members but they have no problem with the cost of living adjustment.

Councilmember Minella reported due to the inability to have a quorum, the Finance Committee did not have a meeting.

A motion was made by councilmember Ash, second by councilmember Mitchell to suspend Robert's Rules and add an executive session. A roll call vote was taken with a yes is in favor of suspension of rules, 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

This passed 7-0, so ordered.

A motion was made by Councilmember Fletcher, second by councilmember Moore to convene into an executive session to discuss personnel matters. This passed 7-0, so ordered.

Council reconvened at 7:55 p.m.

Cicchirillo said some employees voiced concerns. He said some individuals including himself received higher increases than the others. He said one reason was in 1996-97, a study was done with regards to pay scales for the finance director and city manager and at that time, the top end pay scale wasn't agreed upon but the second phase was. He said an ordinance was passed sand the finance director and city manager positions weren't brought up to the second level. He said when they calculated the ordinance, this was noted; the finance director brought it to his attention. He said he had indicated it was an error in judgment on his part, saying he had apologized. He said he told Valerie Means to incorporate the increase and do it at one time. He said another position received additional responsibilities as a result of the police and fire fee and they felt that that position deserved reclassification and an adjustment with regard to the job description.

A motion was made by councilmember Minella, second by councilmember Fletcher to authorize ordinance 1313 to establish salaries of the general fund. Councilmember Ash said he spoke to Cicchirillo earlier who had explained what had happened. He said tonight, they will pass 9% pay raise for the city manager, 8% for the finance director and he wasn't sure of the percentage for the other position. He said it won't settle the problem because there's a 1 ½ pay raise to be given to fire and police chief in the near future. A roll call vote was taken with a yes is in favor, a no is opposed: Councilmember Fletcher Yes

Councilmember Mitchell Yes

Councilmember Minella Yes

Councilmember Moore No

Councilmember Ash No

Councilmember Kondik Yes

Councilmember Cline Yes

The ordinance passed second reading by a 5-2 vote, so ordered.

A motion was made by councilmember Fletcher, second by councilmember Minella to authorize ordinance 1314 to establish salaries of municipal employees of the water fund. A roll call vote was taken with a yes is in favor, a no is opposed:

Councilmember Mitchell Yes

Councilmember Minella Yes

Councilmember Moore No

Councilmember Ash No

Councilmember Kondik Yes

Councilmember Cline Yes

Councilmember Fletcher Yes

The ordinance passed second reading by a 5-2 vote, so ordered.

A motion was made by Councilmember Minella, second by Councilmember Cline to adopt a resolution to enter into contract with Cattrell Companies, Inc. Toronto, Ohio in the amount of $15,920 for repair of Gilson Avenue fire station. This passed 7-0, so ordered.

A motion was made by councilmember Mitchell, second by councilmember Cline to adopt a resolution to enter into contract with A&H Equipment, Bridgeville, PA in the amount of $36,567 for the purchase of crack sealing equipment. This passed 7-0, so ordered.

A motion was made by councilmember Kondik, second by councilmember Minella to adopt a resolution to enter into contract with Milligan Tool & Equipment Division of Three Rivers Fluid Power Inc, Elizabeth, PA for the purchase of a 20,000 lb vehicle lift in the amount of 19,500. Councilmember Moore asked for the difference between $14,000 and $19,000 equipment. Brae Bryant explained it doesn't meet lift requirement; it falls 2,000 pounds less; its an issue when working on buses and trucks. Moore said $19,000 is $5,000 more. Bryant explained it's a piece of equipment that meets specs; there were three bids--two meet spec and there's $1500 difference between the two. This passed 7-0, so ordered.

A motion was made by councilmember Ash, second by councilmember Minella to adopt a resolution enter into agreement with rich Galardi Ford, Inc, Wellsburg for a total amount of $29,180; two 97 Crown Victorias and two 98 Crown Victorias. Chief Fletcher responded to Councilmember Moore that these were the ones discussed at the budget session. This passed 7-0, so ordered.

A motion was made by councilmember Kondik, second by councilmember Minella to adopt a resolution to authorize participation in the Northern Panhandle Home Consortium for the period of July 1, 2001 to June 30, 2002 and approval of the action plan for the home consortium. Councilmember Fletcher said he would abstain since the firm he works for is under contract with the WV Northern Panhandle Home Consortium. This passed 6-0-1 with Fletcher abstaining, so ordered.

A motion was made by councilmember Moore, second by councilmember Minella to adopt a resolution to enter into contract with Chemlawn, Weirton, WV in the amount of $1,004 for vegetation control services for the water department. This passed 7-0, so ordered.

A motion was made by councilmember Moore, second by councilmember Cline to adopt a resolution to enter into contract with Cattrell Companies, Toronto, OH in the amount of $6,870 for installation of filter backwash drains for the water department. This passed 7-0, so ordered.

A motion was made by councilmember Minella, second by councilmember Mitchell to adopt a resolution approving U.S. Post Office's mailing of letters to homes located within Weirton city limits converting rural addressing to city style addressing. Councilmember Moore asked if this is filling out the application and receiving a new number. Chief Fletcher said it affects two streets in Kings Creak. Councilmember Cline explained data bases are being put together for the 911 system; all medical conditions are needed. He said he hoped residents wouldn't have to fill it out again. Councilmember Fletcher said it was addressed early during their administration, saying Councilman Cline had made valid points. Councilmember Fletcher said he didn't take them under consideration then, regretting his decision and stated he wouldn't support this. A roll call vote was taken with a yes is in favor, a no is opposed:

Councilmember Minella Yes

Councilmember Moore Yes

Councilmember Ash Yes

Councilmember Kondik Yes

Councilmember Cline No

Councilmember Fletcher No

Councilmember Mitchell Yes

This passed 5-2, so ordered.

A motion was made by councilmember Cline, second by councilmember Mitchell to adopt a resolution to retain services to enter contract with Trimble & Associates formerly CKC Consulting of Midlothian, Virginia in an amount not to exceed $2,550 for arbitrage calculation. Councilmember Moore said it seems like many times people have come in and told the city ho to run the city. Harris said there been 21,000 of these, asking Means for an explanation. Means said the arbitrage calculation is required for the bond issue for the water upgrades--1991 & 1998 issue and requirement for sewer 1994 issue; its done for the bond holders and federal government. She said they want to make sure the proceeds aren't invested in a high yield security and if they are, they want a portion of the rebate. This passed 7-0, so ordered.

A motion was made by councilmember Minella, second by councilmember Mitchell to adopt a resolution to purchase gun cabinets and enter into contract with Stack-on Products Co. Wauconda, IL for the police department in the amount of $879.64. This passed 7-0, so ordered.

Harris explained there's a movement in Charleston to comply with federally mandated clean water act; West Virginia is 30 years behind in instituting it. He said the problem is its going to change the way the city will upgrade the waste water treatment plant. He said the upgrade to the Ohio River could be a tier 2 which might create a situation where the city might have to do a number of upgrades to the plant. He explained Ohio is much softer with regulations and they're dumping in the same river. He said from an economic standpoint, if a new business saw the rules in Charleston, they would relocate to Ohio instead of here; those cities would get the revenue. He said its not asking to pollute the Ohio River but to be fair and allow compliance no different than Ohio. He said these rules are made so stringent that the cities along the Ohio River won't be able to comply; there's three tiers. He said they want to develop a tier 2 and place it along the riverfront so any upgrades would increase rates. He said clean rivers and rules are needed but so are the same rules as the other states so business isn't lost. He said it says the city supports the bill in place currently that runs along the same lines as the DEP. He said the three thoughts in Charleston are to pass the bill, take a year to cool off or take no action and the Federal EPA will come in and make changes. Councilmember Cline said the mayor is the author of the resolution who wanted to strike out four words. Harris said there was a press conference in Follansbee where they talked about support, how to show it. He said when the resolution was drafted, there was a proposal of the Environmental Quality Board but their position has since softened; they will go with the DEP proposal. Harris said under the fourth WHEREAS to strike the Environmental Quality Board.

A motion was made by councilmember Mitchell, second by councilmember Cline to adopt the resolution in support of the ant-degradation coalition and clean water and good jobs. Councilmember Fletcher said it was explained to him that there's some language laying the ground work to treat wastewater management. He said it also has a funding mechanism and because of this, if the DEP evaluates or investigates and the city can't comply, they can say the legislature has a funding mechanism. Fletcher said a new fee would be added to water and sewer bills. A.D. Mastrantoni clarified that that is a sister bill but what was described can occur. Mastrantoni said if tier 2 is established, council will have to decide water and sewer treatment upgrades in the future at a higher cost to match the requirements. Fletcher understood. Harris said it's a hot issue in Charleston. Harris said what Fletcher discussed isn't a part of this issue but was part of the discussions (in Charleston) This passed 7-0, so ordered.

A motion was made by Councilmember Kondik, second by councilmember Cline for an ordinance to establish a stop sign on the east corner, south side of Beaumont Drive at the intersection of Marland Heights Road. This passed 7-0, so ordered.

A motion was made by Councilmember Kondik, second by councilmember Moore for a stop sign on the west corner of Marland Heights Road at the intersection of Beaumont Drive. This passed 7-0, so ordered.

councilmember Cline said the report was not complete. Chief Cole said it was turned in the afternoon but the report is due in the morning; it wasn't turned in on time.

Councilmember Cline said for Terry Weigel to meet with Ric Rekowski about the handicap parking spaces across from the community center to determine if they're still needed since there's spaces in the back of the building.

Councilmember Cline said he attended the Port Authority meeting in the Rose room and saw the new lights and ceiling. Weigel said it was made possible by the Weirton Women's Club. Councilmember Ash told Weigel to make sure the ramp and parking spaces are not under CDBG funding or else they would have to remain there.

Councilmember Fletcher asked when the yard waste will be collected. Bryant said communication is being sent, it will start April 23^rd. He explained there's not enough manpower to do it earlier; a truck is being serviced but there is a dumpster at Public Works where residents can bring their yard waste. He told councilmember Mitchell the waste is taken to Iannetti's where its composted.

A motion was made by councilmember Kondik, second by councilmember Minella to accept the Treasurer's report and to pay the general fund and water department bills. This passed 7-0, so ordered.

With no further business before this, the April 9, 2001 Regular Session of the Common Council of the City of Weirton, the meeting was adjourned at 8:32 p.m.

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