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Weirton City Council May 13, 2002 Regular Session A meeting of the Common Council of the City of Weirton, Hancock and Brooke Counties was held May 13, 2002 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: Bob Riccelli, William Fahey, Chief Kessler Cole, Rod Rosnick, John Brown, Ric Rekowski, A.D. Mastrantoni, Melissa Farley, Joe Cicchirillo, Valerie Means and Kevin Elias. MINUTES - A motion was made by Councilmember Kondik, second by Councilmember Minella to approve the minutes of the April 8, 2002 Regular Session and the April 16, 2002 Special Session. This passed by 6-0-1 vote with Councilmember Ash abstaining. Ash had stated he wasn't present for the April 8th meeting. COMMUNICATION - Councilmember Kondik questioned if the city could get involved with the Marland Heights School, if it would be sold or auctioned; if the school board would meet with them. Attorney Fahey said once its declared surplus property, its sold through public auction and can only be sold through an intergovernmental agreement. He felt the Hancock County school board would be willing to meet. MAYOR'S AWARDS AND PROCLAMATIONS - Chief Mike Gordon presented the winners of the Chief of Police Essay Contest. The students had competed against other students in the state. The title was "Why I would say No to Alcohol, Drugs and Tobacco." First place: Carly Gregson for $500; second place: Mark Gatjka, $400; third place: Alexis Dwietkowicz for $300. He stated he had read their essays. He said some adults don't have their lives and thoughts together like they do. Mayor Harris commended them, reading the award sponsored by the West Virginia Chiefs of Police Association. Their pictures were taken for the state's magazine. CITIZENS REMARKS - Ric Rekowski, Mary H. Weir Library requested council's help to publicize the library card can now access over 1,000 periodicals on-line. He discussed searches can be done for home use, homework, health, finance or leisure. He asked Mayor Harris to take a picture with his library card and to discuss it. Harris congratulated Rekowski and the library board for all their actions, saying he uses the library; services for the community are growing. Rekowski thanked Harris and council for their help. PROCLAMATION - Harris read a proclamation: May 17-27 is America buckles up children operation through the Governor's safety office. He urged citizens to observe. Chief Gordon announced the Weirton Police dept. received a grant from the Governor's Safety office for May 17-27 to fund overtime patrols and seatbelt checkpoints. He informed that infants don't belong in the front passenger seat that has airbags. He asked for courtesy to the officers at the checkpoints. REPORTS FROM VARIOUS BOARDS AND COMMISSION - Councilmember D.J. Minella reported the Finance Committee met with he and Councilmembers Moore and Kondik in attendance. The board was split with agenda item 1 with Moore opposing. Items recommended were 2, 3, 5, 6, 7 & 10. Ordinance 1341 - Acquire Cove School Property - A motion was made by Councilmember Fletcher, second by Councilmember Cline to authorize Ordinance 1341 to acquire ownership of Cove School structure and property with Hancock County Board of Education. Councilmember Minella asked if the state historical committee would review it. Harris explained its underway; a letter was sent as required. He informed Minella there's alternative uses if its historical. Minella asked if they should wait before passing it. Councilmember Fletcher stated he knows the state preservation office's process. He expressed concern that the ordinance should include language that if its historical, it could be redeveloped and state funds sought. He suggested taking out the section which shares the proceeds with the school board, saying if a limited liability corporation has to be established, it could prevent the city from doing anything. Fahey abstained, saying he helped the board negotiate it in the past. Harris explained both parties agreed to it and didn't think the financial concerns could be changed; anything council does with the older section can be amended. Fletcher suggested tabling it, asking if this contract was utilized last time. Harris said the arrangement then was to use it for the police dept.; funding was attempted. Fletcher said once it's the city's responsibility, all options should be available to redevelop it. He cautioned it may be an issue, may be amended with the school board. Harris commented it could serve for other uses than a parking lot. Councilmember Moore explained improvements to the building would be astronomical. Harris explained wanting to seek funding for renovation. Councilmember Ash discussed the city had the building for a number of years. He agreed it's a good idea for other projects but said there would be trouble when it comes to the historical society. He agreed to wait for the results, saying funding was tried for 3-5 years. Harris said council had refused available money at that time to use it for the police dept or a museum; all avenues need explored, but ownership is needed before doing the legwork. Bob Riccelli said the parking would be half an acre. Councilmember Cline explained through the city something will happen with the building. He understood Fletcher's reservations, saying there's clauses to protect the city; it can be addressed if it becomes an issue but ownership is needed for funding. Fletcher supported ownership, saying he wouldn't motion to table it but renegotiations might not be an option when its accepted. Harris explained a letter was sent asking for historical value but hasn't been received. Fletcher said it's a 90 day process. This passed 7-0, so ordered. Ordinance 1342 - No Parking on Adams Street (Traffic Commission Recommendation) A motion was made by Councilmember Ash, second by Councilmember Moore to authorize Ordinance 1342 beginning at the north section of Adams Street at the dead end, establish 15 feet of no parking southward on the west side of the street. This passed 7-0, so ordered. Ordinance 1343 - Handicap Parking Space - A motion was made by Councilmember Ash, second by Councilmember Moore to authorize Ordinance 1343 to establish handicap parking space exclusively for Evelyn Bever at 3538 Elm Street. This passed 7-0, so ordered. Resolution - Purchase Radio Spots at WEIR Radio - A motion was made by Councilmember Kondik, second by Councilmember Minella to adopt a resolution to purchase radio spots for "Good News Weirton" promotion on WEIR radio at a cost of $132.50 per month from June through December 27, 2002, totaling $927.50. Valerie Means explained to Councilmember Fletcher it would come from the contract service line item. It was responded to Councilmember Moore its for six months. This passed 6-1 with Councilmember Moore dissenting, so ordered. Resolution - Upgrade City Elevator - A motion was made by Councilmember Minella, second by Councilmember Cline to adopt a resolution to enter into contract with Otis Elevator Company, Pittsburgh, PA 15222 in the amount of $36,750.00 for upgrades to the city building elevator. Councilmember Ash asked if Pittsburgh elevator didn't meet the standards. Joe Cicchirillo explained four companies gave quotes, Otis was the second cheapest, they've serviced the city since 1975 and recently put in the door sensor. Cicchirillo said Pittsburgh did meet the standards. Ash said Pittsburgh elevator was $30,903. Ash didn't think Otis could be chosen. Cicchirillo thought since it was contracted services, it wouldn't have to go to the lowest; it wasn't advertised as a bid but solicited. Fahey responded they would have to take the lowest if it was a bid, saying it's the same contractor and Cicchirillo can recommend it. Cline suggested Otis be made aware of the competition. Cicchirillo explained it was based on past service; it's a continuation of services. This passed 6-1 with Councilmember Ash dissenting, so ordered. Resolution - 2002-03 CDBG Budget - A motion was made by Councilmember Minella, second by Councilmember Mitchell to adopt a resolution to approve the 2002-03 fiscal year Community Development Block Grant budget. Councilmember Fletcher abstained, saying there's funding for contract services for his employer. A roll call vote was taken with a yes is in favor, a no is opposed: Councilmember Kondik Yes Councilmember Cline Yes Councilmember Fletcher Abstain Councilmember Mitchell Yes Councilmember Minella Yes Councilmember Moore Yes Councilmember Ash No This passed 5-1-1 with Councilmember Ash dissenting and Councilmember Fletcher abstaining, so ordered. Resolution - Reorganize City Fire Services - A motion was made by Councilmember Cline, second by Councilmember Minella to adopt a resolution to authorize reorganization of the fire services for the City of Weirton; proposal integrates public resources, with the career and active volunteer professionals from the Weirton Fire Dept., Weirton Volunteer Fire Co # 1, Weirton Volunteer Fire Dept. Cove Co. # 2 and the Weirton Heights Volunteer Fire Dept, Inc. Councilmember Moore asked if the fire fee would increase in the next three or five years. Harris said it couldn't be answered based on this resolution. Moore said incorporating all depts. would make it a fully paid dept, saying the fee would increase. He felt a meeting with the fire depts. could work out the problems. Councilmember Mitchell commented receiving a cost-analysis but asked if the Hancock County Commission's $90,000 would be firm. Cicchirillo explained there wasn't a firm answer; the city could lose part of it. Mitchell replied the cost would increase and there's an assumption of getting the volunteers' equipment. Cicchirillo said they may not need all the volunteers' equipment, saying there's enough with company #2 and the city to sustain fire protection. Mitchell said the proposal shows the volunteers' equipment, saying a cost would be involved. Councilmember Kondik had discussions with company #2, saying they've given their support and cooperation. He asked for council's vote. Councilmember Ash questioned the proposal, saying Chief Cole was given approval to do what is necessary. Cole replied under state law, council gives the authority; he didn't want to reorganize the fire depts. without their support, saying it would be unfair to the citizens and council. He said it's a legal document and asked for council's support. He replied to Mitchell that July 1st is a projected date; it could still be implemented if it extends a month. Cicchirillo responded to Ash the 60 volunteer fire fighters need covered on workers's compensation. Ash was in favor of the decision but not losing the $75,000. He motioned to table until the county decides the $75,000. This was second by Councilmember Moore. A roll call vote was taken with a yes is in favor of tabling the resolution, a no is opposed: Councilmember Cline No Councilmember Fletcher No Councilmember Mitchell Yes Councilmember Minella No Councilmember Moore Yes Councilmember Ash Yes Councilmember Kondik No Harris didn't know why they would lose funding since comes into the city to provide fire service. He stated he would lobby for it. Ash asked if the city takes over the buildings once the resolution passes. Harris said they've taken over Gilson Avenue station. Cole said the buildings will remain in service, manned by volunteer personnel, vol. #1, Marland Heights, West End station, combo at head quarters and Gilson. Ash asked if the private corp. could still use the buildings for the bingo etc. Harris said a contract is needed. Councilmember Cline said it would be the same procedure for any organization. Cline explained the county could cut the lottery funding tomorrow to whomever they choose. Councilmember Fletcher stated his support, saying Ash's position a year ago was to deal with it or resolve it in a certain amount of time. Fletcher said he agreed then because he too grew impatient. He said it wasn't dealt with last year and Ash didn't participate in the workshops or find a resolution. Fletcher respected Ash's concerns, saying the funds aren't guaranteed but stated his support to utilize the paid fire fighters and volunteers under one umbrella. He said its his personal responsibility under state statute to decide on fire service, saying he was shocked by Ash's position. Ash explained he gave his speech 10 years ago and once a year since. He wanted chief to take control of the dept.--paid or volunteer. He said he told others he would support it, saying he believes Harris will fight to keep the funding but expressed concern about the money.
Councilmember Moore was concerned with the volunteers' debt. Cicchirillo said they're not taking over the debt nor all the vehicles. He explained the city can choose to sell or trade vehicles. Moore thought it was discussed at the workshop to buy the property. Fletcher said it was discussed and made clear the resolution wouldn't be an open check to assume debt but a statement of policy; the city is directing under state statute for the person hired to put this under one umbrella. He said council would decide on additional costs. Councilmember Minella read an attorney's letter of support from one of the volunteer companies. Fletcher commented Moore's been on council for 30 years and never been part of a resolution. A roll call vote was taken with a yes is in favor: Councilmember Fletcher Yes Councilmember Mitchell No Councilmember Minella Yes Councilmember Moore No Councilmember Ash Yes Councilmember Kondik Yes Councilmember Cline Yes This passed 5-2, so ordered. Councilmember Cline explained it was greatly discussed at the workshops to put together a plan with a mission, goal and tasks. He told chief to put names next to the tasks and staff can be held accountable. Resolution - Roof Replacement at Weirton Fire Dept. - A motion was made by Councilmember Minella, second by Councilmember Fletcher to adopt a resolution to enter into contract with Romig Roofing, P.O. Box 75, St. Clairsville, OH in the amount of $19,850 for roof replacement at the Weirton Fire Dept. headquarters. This passed 7-0, so ordered. Resolution - Revisions to the 2001-02 Fiscal Year General Fund Budget - A motion was made by Councilmember Fletcher, second by Councilmember Mitchell to adopt a resolution to authorize revisions to the 2001-02 fiscal year general fund budget. 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 Yes Councilmember Kondik Yes Councilmember Cline Yes Councilmember Fletcher Yes This passed 6-1, so ordered. Resolution - Contract for Legal Services - A motion was made by council, second by Councilmember Moore to authorize the city manager to adopt a resolution to enter into contract for legal service with William Fahey in the hourly rate not to exceed $5,000 per month for 40 hours per month; excess of 40 hours per month shall be charged at a rate of $150.00 per hour for temporary legal services. Councilmember Fletcher expressed gratitude for his service and for coming to the city's aid when it didn't have much options. Minella extended his gratitude. Kondik welcomed Fahey. This passed 7-0, so ordered. Ordinance - Rates and Charges for Waterworks System - A motion was made by Councilmember Fletcher, second by Councilmember Minella for an ordinance to amend ordinance #1143 establishing just and equitable rates and charges for the use of and the services rendered by the municipal waterwork system by the city of Weirton. Rates and Tiers: first 500,000 gallons per month $3.86 per thousand gallons of consumption. All consumption over 500,000 gallons per month--4343 per thousand gallons of consumption. This passed 5-2 with Councilmembers Moore and Ash dissenting, so ordered. Resolution - Application for WV Digest Funds - A motion was made by Councilmember Minella, second by Councilmember Moore to adopt a resolution authorizing application and acceptance for WV Legislative Digest Funds for $35,000 for demolition of Cove Lumber. Harris explained Senator Bowman helped with the funding. He expressed appreciation for Bowman's work and for gathering other state dollars. This passed 7-0, so ordered. Resolution - Demolition/Asbestos Removal of Cove Lumber - A motion was made by Councilmember Ash, second by Councilmember Mitchell to adopt a resolution to enter into contract with Raze International, P. O. Box, Bridgeport, OH in the amount of $11,475.00 for the demolition/asbestos removal project involving building #5 of Cove Valley Lumber utilizing balance of Hancock County video lottery funds. Councilmember Kondik commented the $11,400 had been earmarked for the access road to Marland Heights. Harris said it was set aside for the emergency access road to Marland Heights; the national guard might assist but it won't be done before July 1; July 1 the money is lost. He thanked Kondik. This passed 7-0, so ordered. Ordinance - Zoning Change from Residential to Commercial (126 Hudson Avenue - Nick Palavis). FIRST READING. A motion was made by Councilmember Minella, second by Councilmember Kondik for an ordinance to change zoning from residential to commercial, 126 Hudson Avenue. Attorney Dan Guida, represented Nick Palavis, explained it went to the Planning Commission; the change is needed so eight bowling lanes can be added with a cost of $500,000; the lost parking spaces will be added at the other side. He discussed council didn't grant the request a few years ago. Mr. Pierce's property was rezoned commercial; a parking lot is where a house once stood. Councilmember Moore asked about plans to exit onto Hudson Avenue. Mr. Guida explained its most practical. Harris informed there's already an exit point onto Hudson. A roll call vote was taken with a yes is in favor, a no is opposed: Councilmember Minella Yes Councilmember Moore Yes Councilmember Ash No Councilmember Kondik Yes Councilmember Cline Yes Councilmember Fletcher Yes Councilmember Mitchell Yes This passed 6-1, so ordered. Ordinance - Zoning Change from Residential to Commercial (Charles & Dessie Hawken, 130 Hudson Avenue ) - FIRST READING. A motion was made by Councilmember Cline, second by Councilmember Minella for an ordinance to change zoning from residential to commercial at 130 Hudson Avenue. A roll call vote was taken with a yes is in favor, 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 This passed 6-1, so ordered. Ordinance - Zoning Change from Residential to Commercial (Jeffrey & Judy Hawken, 134 Hudson Avenue - FIRST READING. A motion was made by Councilmember Minella, second by Councilmember Cline for an ordinance to change zoning from residential to commercial at 134 Hudson Avenue. A roll call vote was taken with a yes is in favor, a no is opposed: Councilmember Ash No Councilmember Kondik Yes Councilmember Cline Yes Councilmember Fletcher Yes Councilmember Mitchell Yes Councilmember Minella Yes Councilmember Moore Yes This passed 6-1, so ordered. Weirton Water Board - A motion was made by Councilmember Kondik, second by Councilmember Mitchell to reappoint James Shockley, 1332 Elmhurst to the Water Board for a term of 6/1/2002 - 5/30/2005. This passed 7-0, so ordered. Weirton Housing Authority - A motion was made by Councilmember Minella, second by Councilmember Kondik to reappoint Irene Craft, 3518 Orchard Street to the Weirton Housing Authority for a term of 6/1/2002 - 5/30/2007. This passed 7-0, so ordered. Building Inspection - Councilmember Kondik request a copy of the monthly building permits issued reports for council's packet as was done in the past. Rod Rosnick replied to Councilmember the building permit for businesses is $1.00. Fire Department - Councilmember Moore said they're overbudgeted on their overtime. Valerie Means said a revision is being made. Chief Cole explained state law has a new procedure for rating overtime hours. Means explained the revision moves the $48,000 from the salary line item to the overtime line item; overtime must be calculated differently now; its not an increase. Councilmember Ash inquired about the firemen's schedule. Cole explained they work a day, off a day, work a day, off for three days; the next week, they work a day, off a day, work a day and off for five days. Park Board - Councilmember Cline said he hoped the large amount of money to get the pools running could be recovered. Development - Bob Riccelli informed he would attend an entrepreneur conference on Tuesday, Wednesday and Thursday in Charleston. He had won a scholarship to the conference and lodging. He hoped to make new contacts and learn new information. Harris noted the streetlight on Main Street by Wesbanco needs repaired. Councilmember Cline asked Harris about the new light post outside the City Building. Harris thanked the city electricians, saying it's located on the steps by the church; the CDC through funding from the Hancock County Commission, purchased the lights; 19 or 20 will lights will be replaced at the Millsop Center, Cove Commons and by the mural. Councilmember Cline requested current minutes from Weirton Transit. Harris said they have spoken to a board member. Joe Cicchirillo explained to Councilmember Moore $300 was spent for 10 tickets to an NAACP dinner at the St. John's arena; Brae and his guests attended. Moore said tickets should be paid only for those attending. Kondik questioned Moore's community spirit, saying Moore's attended many dinners. Harris said Moore can recommend a resolution to discontinue purchasing tickets for local charities. Moore stated they shouldn't be purchased for anyone outside the city. Councilmember Cline thanked staff members who attend the meetings on council's behalf. Treasurer's Report - A motion was made by Councilmember Fletcher, second by Councilmember Mitchell to approve the administrative reports, treasurer's report and to pay the general fund bills. This passed 6-1 with Councilmember Moore dissenting, so ordered. ADJOURNMENT - With no further business before this, the May 13, 2002 Regular Session of the Common Council of the City of Weirton, the meeting was adjourned at 8:30 p.m.
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