WEIRTON CITY COUNCIL

COUNCIL MEETING MAY 12, 2003

A meeting of the Common Council of the City of Weirton, Hancock and Brooke Counties was held on May 12, 2003 at 7:00 P.M. in Council Chambers of the Municipal Building.

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

Absent: Councilman Ash

City Officials in attendance: Attorney Fahey, City Manager Joe Cicchirillo, Finance Director Valerie Means, Brae Bryant, Rod Rosnick, Chief Gordon, Jerry Shumate Fire Department, Bob Riccelli, Terry Weigel, Rik Rekowski and Millicent Zack

Mayor Dean M. Harris led the Pledge of Allegiance.

MINUTES

A motion was made by Councilman Moore, second by Councilman Kondik to approve the minutes of April 7, 2003 Regular Session, April 7, 2003 Canvass Board Meeting and April 15, 2003 Special Council meeting.

MAYOR'S AWARDS AND PROCLAMATIONS

Mayor Harris read a proclamation declaring May 11-17, 2003 as National Police Memorial Week and stated that there will be services held on May 14, 2003 at 11:00 A.M. in front of the Weirton City Building.

Mayor Harris declared May 19 through June 2, 2003 as ABC Mobilization.

Mayor Harris also proclaimed May 7, 2003 as National Trails Day.

Chief Gordon presented a check in the amount of $300.00 to Kasy Magnone for winning the West Virginia Chiefs of Police Association essay contest.

COMMUNICATIONS

Brae Bryant stated that dam site 14 Harmon Creek has been receiving a lot of media attention and Brae would like to address this issue and issues of flooding. On Friday, May 9, 2003 Public Works Department received a call that the dams had been breeched water was flowing outside the bottom of the dam as well as over the emergency spillway. Crews responded to the scene to find out that this was not the case. The dam is functioning within the limits of the design capacity. Noticed that the intersection and several properties on Colliers Steel road was flooded which caused us to do down creek

investigation. On investigation we discovered that there were several factors for the flood. One is based on mother nature, secondly some construction activities going on in this area that led to the alteration of the creek itself. Brae passed around a photo of the construction which was done in this area. This is below the Palmeri Garage and there is an 8' section of the creek bed which has been removed and has resulted in the high water.

Several people outside of the city of Weirton who were on scene, Larry Rea, Director of Emergency Services for Brooke County, we investigated the situation and Mr. Larry Rea agreed that it was not the result of the dam, the dam did not fail. This was not a natural breech it was a man made breech. Anytime you do excavation in a creek area you are required to have the Army Corp of Engineers permit because they have very tight regulations. DEP also passed regulations for construction activities for one acre or greater which requires erosion control measures to be implemented.. We contacted the DEP to see if these requirements were met and do they apply, this is in regards to the creek. The news story which was done by WTOV 9, states that the problem started at Harmon Creek Dam at site 14 and they stated that the dam did not drain properly. They

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also stated that the dam is 40' above level, which it is not. It is 20' above normal level.

This dam was inspected on April 18, 2003 by Mr. Delbert Shriver Division of Water and Waste Management Section, Brae read Mr. Shriver's report. Conclusion - Riser is plugged and the City of Weirton was given 60 days to correct this problem. This however, was not the result of the flooding. Brae would like to state that residence living in this area have no need for concern for their safety, the dam is operating properly.

Brae also stated that the WV Soil Conservation Department will be here tomorrow to do an onsite investigation.

Joe Cicchirillo stated he received a call from Nick Palavis and he would like to convey his thank you to Brae Bryant and the Public Works Department for pulling the tree from Harmon Creek which prevented flooding in this area.

Joe also stated that he met with Kimball and Associates regarding the E911 system and would like to report that the their report has been forwarded to other people on the committee to make a determination as to the recommendation to this council, Brooke and Hancock County Commissioners. We will have a meeting on Thursday, May 15, 2003 at 9:00 A.M. to review this with representatives from Hancock and Brooke and the City of Weirton. Will ask Kimball and Associates to come in if there are any specific questions to be asked at a later date to evaluate the consolidation of our E-911 dispatch system.

Councilman Cline stated that he had two items which he would like to bring up. 1. For years the wireless E911 fees which are collected by the state and is listed on your phone bill, an article which appeared in the Wheeling Intelligencer on Saturday was about technology is needed to identify the E911 wireless customers when they call. My concern is that as you read through this there is some $450,000.00 which has been transferred from the State to Brooke and Hancock Counties for the fees on wireless customers 3% of this is to be put into an escrow account to help furnish this technology, the remainder of the fees are to be used in the same manner in which the county emergency E911 plan was implemented. Both Hancock and Brooke County has wireless fees in their treasury and the emergency staff is part of both of these plans and they have not funded either equipment or operational costs to Weirton PSAP within these two county plans. They have spent these funds in Brooke County, Wellsburg and Hancock County, New Cumberland, but have not funded the residents of Weirton who pay $1.19 a month and I think it is time we confronted both commissions. We need some type of action taken through the courts or through an investigation on how the State of West Virginia collect these fees. This has been a discussion at the legislative level on how these funds are spent and indeed there was a bill introduced to take the funds from the county commissioners for this type of activity.

The second communication that Councilman Cline has is the WV Tabletop gaming legislation, this is not saying we are in favor or opposing gambling, but it does say that when the legislature passed the local county option on video lottery funds, the slots there was only one location in the state that had a racetrack that the formula fund to distribute money to municipalities which was excluded and this was Hancock County. Presently Senator Bowman has worked out an agreement with the County Commissioners to see that we get some funds and it is clearly an agreement where the other counties that have tracks this is through law. Legislature is looking to bail out their financial troubles by the use of tabletop gaming and it is through county referendum. The time to talk about this issue is when they formulate the draft legislation for this county referendum and we need to be there to get our voice heard so we are not left out again.

On this issue I think it is appropriate to send a letter to our legislators and to the President of the Senate and the Speaker of the House about our concerns.

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CITIZENS REMARKS

Mike Podolak - Has been reading about the parking on the streets for 72 hours and asked if there was to be a vote on this issue tonight or could someone explain more about this issue to him.

Mayor Harris stated we had a first reading at the last council meeting and the second reading is this evening.

Mike will this be approved tonight and he stated that he parks his car on the street and if he goes on vacation what will he do if his car is parked on the street for 72 hours.

Councilman Cline stated that if you have a driveway you can park your car in the driveway. Other than that a complaint would have to be made the officer would have to try to get in contact with the person and within a four or five day period your car would have to be towed. Mike asked what about Elm Street or Orchard Street where you have no place to park? Councilman Cline stated as long as you move your car within so many hours it will not be towed. This is not to hurt the good citizens it is for people who come in from Ohio park their car in front of your house and leave it there or if the car is dilapidated and has been sitting there for a long period of time. Mike Podolak voiced his displeasure with the ordinance.

Mike Paprocki, BHJ representative was present to give a presentation on the Tri-State Trail Initiative.

Councilman Cline stated that he would like to thank Mike Paprocki personally and all the individuals who took time to put the brochure together and have made this happen. We left this up to professionals to do this job and it is a wonderful brochure. This is a piece of the hotel-motel tax that we help fund.

Mayor Harris also stated that the thanks goes to all the people who donated their time for the Rails to Trails Program. Encouraged all the citizens of Weirton to use this trail.

Jerry Shumate, Weirton Paid Fire Department addressed council regarding the Volunteer Fire Department and the false statements that have been made. (See attached letter)

Julie Phillip and Jennie Diantonio were representatives from Greenlawn Boulevard and they would like to have clarification whether or not Greenlawn, Scenic and Forest would be included in the paving schedule for this year. Explained how bad the roads in this area are and that they haven't been done for 25 years. Confused over the articles which have

appeared in the paper. Under the impression that the roads would be paved, but are now totally confused. Mrs. Phillip stated she thought paving was suppose to start on May 1

and as of yet have not seen any paving. Mayor Harris did state that Greenlawn and Scenic are on the paving list. Brae stated that there was an amendment to the resolution to pave Greenlawn and Scenic at the last council meeting. Brae showed by drawing what section would not be paved.

FINANCE COMMITTEE

Finance Committee met on Thursday, May 8, 2003 with Councilmembers, Moore, Kondik and Minella present. On item four of old business there is a two to one split, Councilmembers Kondik and Minella in favor, Councilmember Moore opposed.

New business, 1, 2, 3, 4 and 5 were recommended by the Finance Committee.

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OLD BUSINESS

Second Reading of Ordinance No. 1374. An ordinance to update and amend the Building Code for the City of Weirton. It was moved by Councilmember Mitchell, second by Councilmember Minella, no question to the motion, so passed.

Second Reading of Ordinance No. 1375. An ordinance to amend Article 351 of the Traffic Code of the Codified Ordinances of the City of Weirton (Parking Time limit and condition of vehicle. It was moved by Councilmember Cline, second by Councilmember Mitchell, any question on the motion, Councilmember Kondik asked Chief Gordon how do you plan on policing this ordinance, would this be referrals or would this be ongoing. Chief Gordon responded when the police become aware of a vehicle then at that point of time the time limit would kick in. Additionally Chief Gordon will instruct all the officers to make every effort possible to contact the owner of the vehicle. No further question to the motion, so passed.

Second Reading of Ordinance No. 1376. An ordinance amending Article 7 of the Zoning and Land Use Regulations of the City of Weirton. It was moved by Councilmember Moore and second by Councilmember Minella, no question to the motion, so passed.

Resolution to enter into contract for City-Wide Milling and Paving with Carl Kelly Paving, Inc. 4260 Freedom Way, Weirton, WV. 26062 in the amount of $868,495.00. Mayor Harris stated that the reason this was on the agenda was because at the last council meeting Councilmember Ash had some concerns over the streets that were

being paved in his ward. We amended the resolution to include Market Street and remove the two streets Councilmember Ash had concerns with and through research we have found out that the money was budgeted through CDBG and in order for us to make the amendment we would have to rebid the entire milling and paving for the City of Weirton which would through our dates back at least until mid July early August, so the resolution was approved as amended at this time in order for us to get back on track to go with the bid I need a motion to reconsider the motion which was approved at the last council meeting the motion needs to be from one of the affirmative votes. It was moved by Councilmember Kondik, second by Councilmember Minella, no question to the motion, all in favor signify by saying I, so passed. A resolution that would include the previous resolution prior to the amendment for Carl Kelly paving, it was moved by Councilmember Kondik, second by Councilmember Gianni, no question to the motion, passed 5-1. Councilmember Moore stated the reason for voting no is because he does not feel the paving project is fairly equalized. Councilmember Moore feels that all wards did not get their equal share of the money.

Mayor Harris explained that there are a group of individuals that work at Public Works that do go out and look at the streets and this is not determined by equal shares among the wards, it is based on the condition of the roads. Councilmember Moore asked why they don't take the Councilmembers with them. Councilmember Kondik stated for whatever reason he made it an effort to go out with Brae and his staff to inspect the roads in his area

and every councilmember had the same opportunity.

NEW BUSINESS

Resolution to approve the 2003-2004 fiscal year CDBG Budget. It was moved by Councilmember Cline and second by Councilmember Mitchell, no questions on the motion Mayor asked for a roll call vote.

Councilmember Moore - Yes

Councilmember Gianni Yes

Councilmember Mitchell Yes

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Councilmember Cline Yes

Councilmember Minella Yes

Councilmember Kondik Yes

Resolution to authorize the revision of the 2002-2003 Fiscal Year General Fund Budget. It was moved by Councilmember Minella and second by Councilmember Cline, no questions on the motion. Mayor asked for a roll call vote.

Councilmember Cline Yes

Councilmember Minella Yes

Councilmember Kondik Yes

Councilmember Moore Yes

Councilmember Gianni Yes

Councilmember Mitchell Yes

Councilmember Cline stated that there was an additional $63,000.00 for salt and cinders

for harsh winters and would like to for Brae to comment on possible funding. Brae stated that he met with a representative on Friday morning and as you know the Governor declared a state of emergency on February 16, and based on the state of emergency the federal government, sat down with a FEMA representative and what they are willing to do is reimburse the municipalities governing agencies for a 48 hour period and this reimbursement comes with overtime, equipment usage and material. We sent our proposal and we will be reimbursed $43,000.00 for a 48 hour period.

Councilmember Minella asked Brae prior to the harsh winter we had discussion on paying $1.20 a ton extra for salt with the provision that it was located here in Weirton. The road situation we had here I commend you on your foresight. Brae stated that we never even

came close to running out of salt. We had some cities in the tri-state area calling us for salt. Councilmember Minella stated to keep this in mind next year.

Resolution to enter into contract for fireworks displays for the City of Weirton's 2002 Fourth of July Observation with Zambelli Internationale Fireworks Company, P O Box 1463, New Castle, PA. 16102 in the amount not to exceed $7,000.00 for the purchase of fireworks. It was moved by Councilmember Minella, second by Councilmember Mitchell, no question to the motion, so passed. Councilmember Cline asked that due to the construction on Pennsylvania Avenue has the city looked at any different locations. Terry Weigel stated that this is a factor that has to be taken into consideration.

Resolution to enter into contract for the purchase of one sanitation cab and chassis and 31 yd. compaction unit with West Gate Truck 3680 Leharps Road, Youngstown, Ohio 44515 in the amount of $132,585.02. It was moved by

Councilmember Minella and second by Councilmember Gianni, any question to the motion. Councilmember Kondik had a comment that this money was coming out of Sanitation Department and not General Fund. Councilmember Moore asked if we have bought trucks from this vendor before. Brae stated the chassis is Sterling and the Leach Packer is from A&H Equipment. Councilmember Moore asked if the compactor was A&H equipment. Brae stated that the compactor is from A&H Equipment and the truck itself is from West Gate Ford and it is a sterling. Councilmember Moore asked if we are

buying both units from West Gate Truck and you are getting a leach packer and a ford truck, I don't quite understand. Brae Bryant stated we purchase packers from a couple of different vendors, West Gate bid the chassis and then they solicited a quote from A & H

equipment for the packer. Councilmember Moore stated then we are going through two dealers to buy this truck. Brae Bryant stated we are not going through two dealers we are going through West Gate Truck, and they will be responsible for the installation of the packer. Mayor Harris stated we have a motion and second everyone in favor signify by stating I, so passed.

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Resolution to enter into contract for the purchase of two commercial garage doors from the lowest advertised bid, which meets the specifications. It was moved by Councilmember Moore, second by Councilmember Minella, no question to the motion, so passed.

First Reading of Ordinance to the Traffic Control Map Ordinance 214 of the City of Weirton to install a stop sign at the intersection of Elmer Avenue and Grant Street on the West Side. It was moved by Councilmember Cline, second by Councilmember Moore, no question on the motion, so passed.

First Reading of an Ordinance to amend the Traffic Control Map Ordinance No. 214 of the City of Weirton to install a stop sign at the intersection of Hudson Avenue and Grant Street on the west side. It was moved by Councilmember Cline, second by Councilmember Minella, no question to the motion, so passed.

First Reading of an Ordinance to amend the Traffic Control Map Ordinance No. 214 of the City of Weirton to install a stop sign north on Grant Street at intersection of Hudson Avenue on the east side. It was moved by Councilmember Cline, second by Councilmember Moore, no question to the motion, so passed.

First Reading of an Ordinance to rescind the Traffic Control Map Ordinance No. 214 of the City of Weirton establishing a stop sign at intersection of Elmer Avenue and Grant Street on the north side. It was moved by Councilmember Cline, second by Councilmember Gianni, no question to the motion, so passed.

First Reading of an Ordinance to amend the Traffic Control Map Ordinance No. 214 of the City of Weirton establishing Tell Street at intersection of Avenue J south to intersection of Avenue K and Crawford Avenue one way south. It was moved by Councilmember Mitchell, second by Councilmember Moore, any questions to the motion, Councilmember Kondik asked where was Avenue J and Avenue K, Councilmember Mitchell stated by the old city building. Councilmember Mitchell stated that Brae took him out to this area and they have a problem with the road being very narrow, also the road is subsiding, no guard rail on one side and this is a very dangerous area. Mayor stated we have a motion and a second all in favor signify by saying I, so passed.

First Reading of an Ordinance to amend the Traffic Control Map Ordinance No. 214 of the City of Weirton to establish a stop sign at the intersection of Tell Street and Avenue K on the north side. It was moved by Councilmember Mitchell, second

by Councilmember Gianni, no question to the motion, so passed.

First Reading of an Ordinance to amend the Traffic Control Map Ordinance No. 214 of the City of Weirton to establish a stop sign south on Vermont and Engle Street intersection on the west side. It was moved by Councilmember Mitchell, second by Councilmember Gianni, no question to the motion, so passed.

First Reading of an Ordinance to amend the Traffic Control Map Ordinance No. 214 of the City of Weirton to establish a stop sign north on Vermont and Engle

Street intersection on the east side. It was moved by Councilmember Mitchell, second by Councilmember Gianni, no question to the motion, so passed.

Appointments to Boards and Commissions.

Mayor Harris would like to entertain a motion to appoint Joseph Evano - 253 Scenery Drive, Weirton, WV. 26062 to the Mary H. Weir Library Board to replace the unexpired term of Pat Flatley which will expire December 31, 2005. It was moved by Councilmember Kondik and second by Councilmember Minella, so passed.

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Mayor Harris stated he would like to recognize Pat Flatley for his long tenure on the Library Board. Mr. Flatley did not resign he retired.

Mayor Harris would like to entertain a motion to reappoint Earl Brown - 316 Kentucky Street, Weirton, WV. 26062 to the Weirton Housing Authority, it was moved by Councilmember Minella, second by Councilmember Mitchell, so passed.

Mayor Harris would like to entertain a motion to reappoint Nat (Sonny) Marino 1040 Barone Drive, Weirton, WV. 26062 to the Weirton Water Board, it was moved by Councilmember Kondik, second by Councilmember Minella, so passed.

Administrative Reports - No questions for Chief Gordon, Building Inspection - Councilmember Kondik asked since the Zoning Board did not meet because a lack of quorum, concerning the last meeting a letter sent to the gentleman concerning his problem.

Was this done.

Councilmember Cline asked Jerry Shumate, Weirton Fire Department that the volunteer division report is there a computer problem. Jerry responded no problem we are replacing these computers, but the paper report is there.

No questions for Rick Rekowski.

Councilmember Cline asked Terry Weigel if the pools will be opened on schedule. Terry responded between the rain drops we are getting everything done. Plan to open on schedule which is May 24, 2003. We have had volunteers come forth this year, but it has rained every day they have volunteered. Roof over the locker room at Starvaggi Pool will be done and are remodeling the locker rooms inside.

Mayor Harris would like to announce that on Saturday, May 17, 2003 at the Millsop Rose Room from 10:00 to 4:00 the W.I.N.K. will be there and volunteers to have the children fingerprinted and I.D. photos. This is a method to use for parents in the event something should happen to one of their children. Mr. John Davis is donating hot dogs and Coca-Cola is donating the pop.

Bob Riccelli from the Community Development Department - Councilmember Moore asked if we have received the deed from the Caritis property. Yes

Councilmember Moore asked Brae that down west of the old Colliers Steel this area was flooded near the beaver dams, would you say that is what is creating the back-up.

Brae responded that this was one of several factors that caused that section of the road to flood. Councilmember Moore asked if anything has been done about the dams that the beavers built. Brae the principal cause of the flooding was due to large volume of rain that the entire area has received the fact that the beavers are there and working we have two elements to deal with, the rain and the beavers. Two years ago the beaver population was thinned out and now they are back at it again. We have contacted Steve Himmelrick of the DNR in regards to trapping in this area.

Councilmember Cline stated to Brae that we have had a large amount of rain and not only your department, but water and sanitary departments had to work over time and beyond the call of duty this last week and I would like to personally thank everyone involved.

TREASURER'S REPORT

Ms. Means gave the treasurer's report. It was moved by Councilmember Minella and second by Councilmember Mitchell to accept the administrative report, the treasurer's report, and to pay the general fund bills, this passed unanimously.

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ADJOURNMENT

With no further business before this May 12, 2003 regular session of the Weirton City Council the meeting was adjourned after the closing prayer.