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Weirton City Council Regular Session A meeting of the Common Council of the City of Weirton, Brooke and Hancock Counties was held on May 7, 2001 at 7:00 p.m. in Council's Chamber of 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: Terry Weigel, Joe Cicchirillo, Joe DiBartolomeo, Chief Ralph Fletcher, Rod Rosnick, Valerie Means, Brae Bryant, Chief Kessler Cole, Ric Rekowski, Dan Mastrantoni, A.D. Mastrantoni and Melissa Farley. Mayor Dean M. Harris led the Pledge of Allegiance. A motion was made by Councilmember Kondik, second by Councilmember Moore to approve the minutes of the April 9, 2001 Regular & April 17, 2001 Special sessions. This passed 7-0, so ordered. Harris noted May 15 is Police Officers Memorial Day. He read a proclamation. Police Week is May 13-19th; May 14 as Police Officer Memorial Day. Harris called on Linda Krynicki, explaining Ptlm. Alexander last month was making an arrest in Linda's neighborhood. He commented there are times when residents are able to assist the police. He said Alexander brought this to his attention. Alexander couldn't discuss much details, saying it hadn't been to court yet, but there was a domestic situation; two females were at a residence, one hid with a weapon. He said they went to find her, noting there were drugs and drug paraphanelia. He said the woman ran to a second story porch which was in poor condition; the steps gave way and the woman fell. He said he grabbed the banister and had a piece of wood in the palm of his hand. He explained trying to arrest the woman; Linda came and grabbed his hand, raised it and identified herself as a nurse. He said she tried to stop the bleeding. Harris told Linda her help was appreciated and honored her with. He read the award. Linda said the police always do things for the public and the public should do what they can for them. She stated being glad to be able to help him. She thanked Harris for the award. Harris announced a Steel Summit on May 25, 2001, noon at the Serbian Cultural Center by POWER--Pennsylvania Ohio West Virginia Economic Region (POWER.), saying he's been involved with the group. He encouraged attendance. Guest speaker is from the American Iron Steel Institute. Harris hoped it would reflect the impact on communities affected by the steel industry, thanking Gene DelGreco for his help. Harris announced he and the City Manager will attend the WVML tax committee meeting on May 24 in Charleston, saying he hoped it would address the city's concerns and have an impact on Charleston. Councilmember Cline announced the Hancock County Solid Waste Authority clean up is May 19th at Tomlinson run. He said tires are $1, truck tires are $5; DNR is taking care of fluids. Harris recognized Eagle Scout #31. Curt Steiner, 536 N. 10th Street, president of Weirton Volunteer Fire Dept #1 discussed the city paying bills late: electric and fuel for the trucks. He had copies of the bills, asking why there's late fees. He said the secretary sends the electric bill to Carol Brancazio; the fuel bill to Chief Cole, and the bills are dated when they're sent to the city. He asked for the bills to be paid on time. He said the late fee money could be used for the department. He explained its been on-going for about a year and they've talked to Carol and Chief Cole. He said to let the dept know if there's something different they can do. Harris said to discuss it with Cicchirillo. Steiner gave the copies to Farley. Harris told Louis Serra that council would address him if they had any questions. Councilmember Minella reported he and Councilmembers Moore and Kondik were present. Items recommended under New Business: 2, 3, 5, 7, 11; item #10 wasn't recommended in its present form. A motion was made by Councilmember Kondik, second by Councilmember Ash to authorize Ordinance 1315 to establish a stop sign at the south corner of Beaumont at the intersection of Marland Heights Road. This passed 7-0, so ordered.
A motion was made by Councilmember Kondik, second by Councilmember Ash to authorize Ordinance 1316 to establish a stop sign at the west corner of Marland Heights Road at the intersection of Beaumont Drive. This passed 7-0, so ordered. Harris said this was brought to council at the last session. A motion was made by Councilmember Fletcher, second by Councilmember Minella for an ordinance creating the Weirton Water Board and providing for the transfer of management, control and operation of the municipal waterworks system of the city of Weirton, West Virginia from the city of Weirton to the Weirton Water Board. Councilmember Kondik asked to amend under section 2 that the all board members shall be customers of the City of Weirton water department. Councilmember Minella second this. Councilmember Ash asked if they had to vote on renewing the ordinance first. Joe DiBartolomeo explained its two different meetings. A roll call vote was taken on the amendment that all five members of the water board shall be customers of the city of Weirton water dept. 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 amendment passed by a 5-2 vote, so ordered. Councilmember Fletcher motioned to amend the board become the Weirton Area Water Board. Councilmember Kondik second this. A roll call vote was taken on the amendment with a yes is in favor, a no is opposed: Councilmember Mitchell Yes Councilmember Minella Yes Councilmember Moore No, stating he's against the ordinance and therefore couldn't favor the amendment. Councilmember Ash No Councilmember Kondik Yes Councilmember Cline Yes Councilmember Fletcher Yes This amendment passed by a 5-2 vote, so ordered. A roll call vote was taken on the ordinance as twice amended with a yes is in favor and a no is opposed: Councilmember Minella Yes Councilmember Moore No Councilmember Ash No Councilmember Kondik Yes Councilmember Cline Yes Councilmember Fletcher Yes Councilmember Mitchell Yes The ordinance as amended passed first reading by a 5-2 vote, so ordered. A motion was made by Councilmember Minella, second by Councilmember Kondik to adopt a resolution to accept recommendation of Weirton Planning Commission of a final subdivision plat for Weirton Health Care, Inc. (Chestnut Manor.) This passed 7-0, so ordered. A motion was made by Councilmember Moore, second by Councilmember Minella to adopt a resolution to approve 2001 Community Development Block Grant budget. Councilmember Kondik said the Marland Heights Civic Association completed a $40,000 playground at Marland Heights Park with private funds and donations but fell $6400 short. He passed out papers. He motioned for the unused 1999 GIS upgrade system to be transferred to the Marland Heights Civic Association for the ADA playground. Councilmember Fletcher asked about the eligibility, saying it would have to go through the Park Board. Terry Weigel explained the handicap ramp is not completed. Beth Gaughn said it would go through the Park Board on behalf of the Association. Harris restated the motion as reprogramming from the 1999 budget $6400 from the GIS upgrade to the park board for installation of the ADA ramp. Councilmember Fletcher second this. Councilmember Moore said it wasn't discussed, saying it bothered him to now receive a paper on it and although he didn't have anything against the project, he said its an instant request. Gaughn responded to Councilmember Cline that it was eligible. A roll call vote was taken with a yes is in favor of the amendment, a no is opposed: Councilmember Moore Yes Councilmember Ash No Councilmember Kondik Yes Councilmember Cline Yes Councilmember Fletcher Yes Councilmember Mitchell Yes Councilmember Minella Yes The amendment passed by a 6-1 vote, so ordered. Fletcher clarified the fourth column over should state "amount reduced/increased." He motioned to amend the paragraph on the last page to state the "city manager" and not the "CDBG Administrator" to be authorized, explaining with Bob Wirgau it was an issue of extension. Councilmember Ash second this. The amendment passed by a 7-0 vote, so ordered. Councilmember Ash requested a signed copy saying he didn't agree with some of it and would protest it. A roll call vote was taken with a yes in favor of the amended budget, a no is opposed: Councilmember Ash No Councilmember Kondik Yes Councilmember Cline Yes Councilmember Fletcher Yes Councilmember Mitchell Yes Councilmember Minella Yes Councilmember Moore No The amended ordinance passed by a 5-2 vote, so ordered. Cline commented there were two workshops on this, saying lets try to get all the information needed at the workshops. A motion was made by Councilmember Minella second by Councilmember Moore to adopt a resolution to authorize revisions to 2000-2001 Fiscal Year General Fund budget. A roll call vote was taken with a yes is in favor, a no is opposed: Councilmember Kondik Yes Councilmember Cline Yes Councilmember Fletcher Yes Councilmember Mitchell Yes Councilmember Minella Yes Councilmember Moore Yes Councilmember Ash Yes The resolution passed 7-0, so ordered. A motion was made by Councilmember Cline second by Councilmember Ash to adopt a resolution to insure that all city of Weirton agencies and subagencies comply with the provisions of the West Virginia Freedom of Information Act, the WV Open Meeting Law and the WV Human Rights Commission for Public Bodies and other laws regarding public agencies. Councilmember Mitchell asked for an explanation and if it was state law. Cline said there's state law to all three issues; public agencies receiving public money on the city's behalf will comply; there are penalties and on the city's behalf. Mitchell said during the April workshop, there were discussions about the volunteers and the paid fire dept. He felt the end result was to form a committee to discuss it with all parties before taking any action. He motioned to table the resolution until after the issues are discussed and taken care of. Councilmember Moore second this. A roll call vote was taken with yes is in favor of tabling, a no is opposed: Councilmember Cline No Councilmember Fletcher No Councilmember Mitchell Yes Councilmember Minella No Councilmember Moore Yes Councilmember Ash No Councilmember Kondik No The motion to table failed by a 2-5 vote. Councilmember Ash understood it to mean people can see what's going on since they're spending funding from the city, state and county, saying he understood Joe DiBartolomeo reviewed it. He asked Joe if he agrees state law and Supreme Court rulings are valid. DiBartolomeo said the first four "WHEREAS" comes from WV 29b-1-2 practically verbatim and with the exception of the third paragraph where it states complying with the WV Freedom of Information, he didn't know the specific wording for the WV Open Meeting Law. He said municipalities and its subentities are forced to comply; municipalities are at risk if its subentities don't comply; there could be jail time and monetary fines that could fall on the city manager and back to council. He said city resources, equipment, facilities and properties belong to council; council has the right to deny use of those facilities. Councilmember Moore asked if this applies to American Legion and other such groups. DiBartolomeo explained they're private organizations, with their own charters. Ash said this type of resolution but with less detail was brought up years ago but was crossed off because no one wanted to deal with it. He asked if any book from the entities could be opened or just those receiving funding from the city. DiBartolomeo explained there's an argument over a whether they are a private entity, but the city has an issue right now for insurance. He explained if the entities decide not to provide the information to council, council must decide to accept this or not. He said its come up many times over the years; anyone using tax payers money has a judiciary responsibility to account for every penny and a legal responsibility to the tax payers to be decide by the court. He said because of the police and fire fee, people would request a detail account. DiBartolomeo responded to Ash that he changed this from an ordinance because there's nothing penial. He said use of city equipment, tax funding and city properties can be denied. Ash asked if this resolution settle anything or cause more litigation. Harris said it reinforces what that council is accepting what should be. DiBartolomeo explained a tax payer could file for the Freedom of Information and if not satisfied or the information not received in 10 days, it could be taken to the circuit court. This passed by a 6-1 vote with Councilmember Mitchell dissenting, so ordered. Cline told Mitchell that making rules and regulations is the next step of the workshop. He told Ash the rules an ordinance will enforce it when its passed. Mitchell disagreed, saying he thought it was discussed at the workshop. Harris welcomed DiBartolomeo back from Bosnia. A motion was made by Councilmember Kondik second by Councilmember Fletcher to adopt a resolution to enter into contract with Tri-State Asphalt, Rayland, Ohio 43943 in the amount of $899,866.21 of which $330,000 to be invoiced by the contractor to Hancock County Commission; $79,500 of $899,866.21 to be invoiced by the contractor to Weirton's community Development office; and $490,366.21 of $899,866.21 to be invoiced to Weirton's General Fund for city-wide road improvements. Councilmember Ash requested a signed copy, objecting to Hindman Lane; He objected to paving the strip steel ally, saying the only road to be paved in Ward 4 is Cove Road to Lee Avenue. Councilmember Moore wanted two streets deleted and two added, saying they were in worse shape and didn't think it would cost more. Harris explained a study was done and criteria given to make the decisions. Brae Bryant agreed, saying prior to bidding, council received a list and Moore nor Ash requested changes; Ash's verbal request was received after going to bid. Moore said council wasn't advised to make changes. Moore said he wanted a portion of Donnell, and Fernwood to be paved and delete Palomino and Ivy. Bryant said Palomino is a heavily traveled road. Moore didn't think it was in bad shape. Bryant disagreed. Harris discussed campaigning there and residents were concerned with the condition of Palomino. Harris asked DiBartolomeo if it would be an amendment, explaining Moore's request for changes. Bryant stated there wasn't any numbers for the request, it was the first he had heard of it. Moore said where Donnell ties in with California is in deplorable condition. Fletcher said when developing the budget, Moore opposed and didn't vote for the process to identify the revenue sources. He suggested the professionals be allowed to do their job. He took exception to picking through the list, saying each councilman has streets and opinions. He said to keep politics out of it; the streets haven't been paved and it became political when past councils paved them; they weren't being paved until winter. Kondik agreed, saying to Moore its been talked about for months. He explained how he contacted Bryant and they looked at the streets in his ward.
Ash said when Harris campaigned in his ward, no one complained about paving strip steel alley but rather their streets. He said the business community complained about the alley but not the residents; they want their streets paved. Harris said he wouldn't dispute it with Ash and asked for a roll call vote.
Moore asked to make an amendment on the streets. DiBartolomeo explained the resolution doesn't state the streets, only the amounts and he wasn't privy to the council workshop discussions. He explained it was political when past councils paved streets but the streets aren't listed. Moore said its not political, it doesn't take an expert, saying he knows a little about streets. DiBartolomeo said council decides what streets to pave. A roll call vote was taken with a yes is in favor of the resolution, a no is opposed: Councilmember Fletcher Yes Councilmember Mitchell Yes Councilmember Minella Yes Councilmember Moore Yes Councilmember Ash No Councilmember Kondik Yes Councilmember Cline Yes The resolution passed with a 6-1 vote, so ordered. A motion was made by Councilmember Ash second by Councilmember Minella for an ordinance to accept property from Mary V. Wright, 232 Hudson Avenue. This passed 7-0, so ordered. A motion was made by Councilmember Ash second by Councilmember Minella for an ordinance to amend ordinance 1313, establishing the salaries of municipal employees of the various depts within the city of Weirton general fund (Police Chief & Fire Chief.) A roll call vote was taken with a yes is in favor, a no is opposed: Councilmember Mitchell Yes Councilmember Minella Yes Councilmember Moore Yes Councilmember Ash Yes Councilmember Kondik Yes Councilmember Cline Yes Councilmember Fletcher Yes The ordinance passed first reading by a 7-0 vote, so ordered. A motion was made by Councilmember Fletcher, second by Councilmember Moore to adopt a resolution to enter into contract with Tri-State Supply, Wheeling, for purchase of rebuilt VFD circuit board for water department in the amount of $900. Fletcher asked why they weren't purchasing a new one. A.D. Mastrantoni said its $1500 but rebuilt is $900; each have a one year warranty but if the $900 rebuilt lasts through one year, it will last for an indefinite amount of time. Councilmember Moore asked about a maintenance contract. Mastrantoni explained its difficult Honeywell got out of the business and it would be cost prohibitive since the amount would be $1200-1500. The motions passed 7-0, so ordered. A motion was made by Councilmember Ash second by Councilmember Mitchell to adopt a resolution to place liens against properties for costs incurred in demolition of unsafe properties: James Cacace, 3136 Rear Main Street, $5210. This passed 7-0, so ordered. A motion was made by Councilmember Cline, second by Councilmember Fletcher to adopt a resolution to amend city of Weirton contract with AMPCO System Parking for 21 parking spaces for short-term parking at $.25 with one hour maximum time limit in five city parking lots that currently have coin boxes for collecting parking fees. A roll call vote was taken with a yes is in favor of the resolution, a no is opposed: Councilmember Minella No Councilmember Moore No Councilmember Ash No Councilmember Kondik No Councilmember Cline Yes Councilmember Fletcher Yes Councilmember Mitchell No This failed by a 2-5 vote. A motion was made by Councilmember Minella second by Councilmember Fletcher to adopt a resolution to authorize changes to the city of Weirton's telephone system contract with Border Tele-Com. This passed by a 7-0 vote so ordered. A motion was made by Councilmember Minella, second by Councilmember Mitchell to convene into an executive session requested by the city manager consistent with WV Code 6-9-A-4 to discuss personnel matters. This passed 7-0, so ordered. Council reconvened at 8:25 p.m. Weirton Housing Authority A motion was made by Councilmember Minella, second by Councilmember Kondik to reappoint Irene Craft, 3518 Orchard to the Weirton Housing Authority for a term of 6/1/2001 - 5/30/2006. This passed 7-0, so ordered. Weirton Historic Landmark Commission A motion was made by Councilmember Minella, second by Councilmember Mitchell to appoint Robert Wirgau, 1216 Elmhurst Drive to replace the term of Sherry Pepper from 5/1/2001 - 4/1/2004. Councilmember Fletcher suggested recognizing Pepper for her service to the community, saying she's an asset and much involved. Harris said she has been recognized before and will be. He explained she isn't leaving but has some health problems and doesn't have the time. This passed 6-1 with Councilmember Ash dissenting, so ordered. Dan Mastrantoni explained to Councilmember Kondik that the board met last Friday. Kondik wished to discuss an issue after the meeting. Councilmember Cline commented the report was not complete. Chief Cole stated it was a short week; the report was turned in late. Councilmember Fletcher asked if all department reports, extra reports and autonomous reports can be turned in on a timely fashion. Harris said Terry Weigel was present during the meeting but had to leave on account that his father had hurt his hand. Councilmember Ash said the Traffic Commission approved four designated handicap parking spaces a few months ago for exclusive spaces but they haven't been put up yet and need to be. He said Chief Fletcher wasn't aware it took place. He said someone complained paying $40 and someone else took their spot. Brae Bryant said it was received; Melissa Farley gave a memo, the placards have been placed on order and will be put up when they come in. Councilmember Cline said sometime ago they were trying to identify some roads to ask the dept of highways to take on as a state system. He said N. 12 th street will be repaved and they would be handing the state a well-paved street. Bryant said he will work in conjunction with the city manager to identify those streets and N. 12th is one of them. Cline explained to Councilmember Moore that he's asking it to be put on the system to be a state route and not a city street. A motion was made by Councilmember Fletcher, second by Councilmember Minella to approve the Treasurers Report, the administrative report and to pay the general fund and water dept. bills. This passed 7-0, so ordered. With no further business before this, the May 7, 2001 Regular Session of the Common Council of the City of Weirton, the meeting was adjourned at 8:35 p.m.
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