June 10, 2002

Regular Session

A meeting of the Common Council of the City of Weirton, Hancock and Brooke Counties was held on June 10, 2002 at 7:00 p.m. in Council's Chamber of the Municipal Building.

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

City officials in attendance: Brae Bryant, Bob Riccelli, A.D. Mastrantoni, Chief Mike Gordon, Valerie Means, William Fahey, Melissa Farley, Ric Rekowski, Kevin Elias and Capt. Mark Lowe.

MINUTES - A motion was made by Councilmember Kondik, second by Councilmember Moore to approve the minutes of the May 13, 2002 Regular Session. Councilmember Ash stated it doesn't come up clearly on the tape, but he voted against the waterworks ordinance. This passed as corrected, so ordered.

MAYORS AWARDS AND PROCLAMATIONS - Chief Gordon introduced Pete Momcilovich who served 21 years as a police officer and 30 years on the Weirton Traffic Commission. Gordon recognized Momcilovich for his service to the city and dedication to the community. Harris presented Momcilovich with the Mayor's Award, thanking him for bringing honor and pride to the city. Momcilovich introduced his family. Harris read the award, congratulating him for 50 years of dedication. Momcilovich said its been a long time, saying he regretted some police officers have gone and so has some members of the Traffic Commission.

Harris presented a proclamation to Gordon for "You Drink, You Drive, You Lose" week of July 1-10. Gordon explained it's the Governor's Safety office program. He discussed emergency personnel has seen the horrible results of drinking and driving, saying 8,000 die because of it. He compared it to the number of people who perished at the World Trade Center. He emphasized this upcoming holiday could have one of the highest amounts of drunk drivers. He encouraged others to report motorists driving erratically.

Harris presented a proclamation to Bob Riccelli, proclaiming June 2002 as National Home Ownership Month. Riccelli thanked the Mayor, council and staff who perform the administration. He introduced Denise Allen.

Harris explained the FOP recently honored Mind Castelli, the crossing guard who lost her life during her school crossing. He showed the plaque in her honor that was presented during the police memorial week service. He read it. Chief Gordon said the plaque will hang on Council's Chamber wall so no one would ever forget.

COMMUNICATIONS - Harris recognized the Young Marines and Master Gardeners for the work done at Cove Commons with the flowers and plant life.

Harris announced the City of Weirton placed third in the state for its drinking water, thanking the Water Treatment staff and all water dept. employees. He asked A.D. Mastrantoni to inform staff of their great job.

Harris informed the council workshop is June 18, 2002 at 5:00 p.m. in the William Ridgway Room; June 19^th, the welcome to Weirton signs from the Weirton Women's Club will be unveiled at the south end of town at 8:00 p.m. Monday, June 17^th, Governor Wise will be at the Millsop Rose Room. Harris encouraged council, staff and the community to attend at 11:30 a.m. for the announcement of the state building.

Councilmember Fletcher stated he wouldn't be able to attend the council workshop since he and his wife are expecting a baby. He also discussed receiving phone calls about volunteer Co. #3 for taking disciplinary action against a volunteer. He wasn't sure of the details, saying it could be because of the person's interest in the transition of the fire depts. He expressed concern, saying it reemphasizes the need to revamp the process for one paid and volunteer fire system, calling it an example of the city's inability to be involved; the fire fighter might be taken off the truck for at least 30 days. He noted the person is a fire fighter for Weirton Steel. He hoped the fire dept. would handle it graciously and hoped the person continues to be involved in fire service. Harris said he understood Eric Carper wants to be a member of the transitional team but didn't know the basis for the suspension. He agreed with Fletcher, saying Carper is a professional fire fighter for Weirton Steel; secretary for Co. #3 and an EMT.

Councilmember Kondik requested the Weirton Times make a correction: Skyview Drive is not located on Marland Heights but Weircrest. He also requested the city send the WVDOH a letter to clean the soot from US 22/30. Fletcher asked it include a request to cut the grass along state roads like Culler Road.

CITIZENS REMARKS - Jeanne, Brookline Drive discussed she and her neighbors oppose the emergency route to Marland Heights on their street and wanted to know why they weren't asked about it. She said a permanent street is needed--not an emergency route--and Brookline isn't wide enough and can't be widened. She said the young would use the emergency route for noisy fights; gates won't stop it. She understood a route is needed, suggesting Hudson or Half Moon. She also discussed displeasure with her phone conversation with Joe Cicchirillo, saying he commented on her being an older lady and how older people don't like change. She stated feeling discriminated against, explaining the changes she's made in her life. She said she knows how to make changes but this change could be avoided.

Perry Duckworth, 310 Skyview Drive, presented a petition, saying it was also presented to the Water Board and the Planning commission. He read it. It opposed a cellular tower in their neighborhood. He said they fought it five years ago. He said it's a small residential neighborhood; they don't want something commercial there. He discussed their fear of interference with cell phones, TVs, portable phones. He said the tower could be put somewhere else. He said Voicestream attended the Planning Commission and stated they could find other areas. He also commented on the aesthetics of the antennas.

Patrick Woods, 314 Skyview Drive, opposed the tower being put on the Skyview water tank. He explained there's studies about health affects of the electromagnetic field; some studies state it causes problems. He noted he and some of his neighbors have children and the tower should be placed elsewhere and not in neighborhoods. He said its selfish of the city to want it in their neighborhood. He said towers deduct property value.

REPORTS FROM VARIOUS BOARDS AND COMMISSIONS - Councilmember Kondik reported the Finance Committee met with Valerie Means, Karen Orler, Joe Cicchirillo. He said they approved, 2, 3, 5, 6, 7, 8 but couldn't get a second on 9; 11, 12, 14, 15 & 17.

Ordinance 1344 - Zoning Change (Nick Palavis) - A motion was made by Councilmember Cline, second by Councilmember Kondik to authorize second reading of ordinance 1344 for zoning change from residential to commercial 126 Hudson for 3745 Main Street (Nick Palavis) This passed 5-1 with Councilmember Ash dissenting.

Ordinance 1345 - Zoning Change (Charles & Dessie Hawken) - A motion was made by Councilmember Cline, second by Councilmember Kondik to authorize second reading of ordinance 1345 for zoning change from residential to commercial 130 Hudson Avenue (Charles & Dessie Hawken) This passed 5-1 with Councilmember Ash dissenting, so ordered.

Ordinance 1346 - Zoning Change (Jeffrey Hawken & Judy Hawken) - A motion was made by Councilmember Cline, second by Councilmember Kondik to authorize second reading of ordinance 1346 for zoning change from residential to commercial 134 Hudson Avenue (Jeffrey Hawken & Judy Hawken) This passed 5-1 with Councilmember Ash dissenting, so ordered.

Ordinance 1347 - Rates and Charges of Waterworks System - A motion was made by Councilmember Fletcher, second by Councilmember Cline to authorize second reading of ordinance 1347 to amend ordinance 1143 establishing just and equitable rates and charges for the use of and the services rendered by the municipal waterworks system of the city of Weirton; rates: first 500,000 gallons per month, $3.86 per thousand gallons of consumption; all consumption over 500,000 gallons per month, $3.43 per thousand gallons of consumption. Cline asked for any comments at council's public hearing. Harris said Councilmember Moore had commented as a citizen. Moore asked if it was raised from 20,000 to 500,000. A.D. Mastrantoni said larger facilities using water will pay arrears. Mastrantoni explained to Moore the 50 cents is a customer service flat charge; 50 cents a month per customer; it was successful on the sewer rates. This passed 4-2 with Councilmembers Ash and Moore dissenting, so ordered.

Ordinance - No Parking on Main Street - A motion was made by Councilmember Cline, second by Councilmember Kondik for first reading of an ordinance in support of establishing no parking on Main Street from Marland Heights Road to Heaslett Avenue to facilitate installation of left turn lane by WVDOH. Councilmember Ash commented its been in the newspaper twice; no one seems to oppose it. Harris didn't receive any phone calls, saying it was discussed. Councilmember Mitchell said the WVDOH conducted a study and recommended it to reduce accidents. Harris agreed it's a safety issue due to many accidents with motorists swerving in and out of traffic lanes to go around those motorists turning into businesses; the DOH and BHJ study showed many side swipes and rear end accidents. This passed first reading by a 6-0 vote.

Resolution - Fourth of July Fireworks - A motion was made by Councilmember Kondik, second by Councilmember Moore to adopt a resolution to enter into contract with Zambelli Internationale, New Castle, PA in the amount not to exceed $7,000 for the purchase of Fourth of July fireworks. Councilmember Fletcher motioned to amend to add $3,000 for fire works display following the Wheeling Symphony at the Weirton Steel General Office on July 7^th ($10,000 total.) Kondik second this. The amendment passed 6-0. The resolution as amended passed 6-0, so ordered.

Resolution - Lease/Purchase Finance Services - A motion was made by Councilmember Fletcher, second by Councilmember Kondik to enter into contract for lease-purchase financing services for the city's fiscal year 2002-2003 with Wesbanco at an interest rate of 3.95% for an estimated cost of $554,700, effective July 1, 2002 through June 30, 2003. Councilmember Moore expressed concern with the amount. Means responded it's estimated. Moore felt the lease/purchase is like a credit card and should be looked at closely before getting in large indebtedness. Means explained council did a good job looking at current lease/purchases; limits haven't been exceeded for the last six years. This passed 6-0, so ordered.

Resolution - Demolition Lien (Victor Sciarrino, 2898 Pennsylvania Avenue) - A motion was made by Councilmember Cline, second by Councilmember Mitchell to place a lien against real properties for costs incurred in demolition of unsafe properties (Victor Sciarrinno, 2898 Pennsylvania Avenue) in the amount of $6,799. This passed 6-0, so ordered.

Resolution - Support Wheeling Symphony - A motion was made by Councilmember Kondik, second by Councilmember Fletcher to adopt a resolution to authorize contribution of $1500 to the Weirton Area Community Foundation to support the Wheeling Symphony live concert on July 7, 2002. Councilmember Cline said he would support adding $3,000 to the event this year but council should look at limiting the funding next year. Fletcher appreciated Cline's earlier vote, saying he structured this for one event. He explained discussions with the Civic Foundation, saying they're having difficulties with long time sponsors; they wanted the city to significantly increase they're contribution but he had told them he wasn't interested. He hoped adding fireworks would increase sponsorship. This passed 6-0, so ordered.

Resolution - Public Safety Answering Points - A motion was made by Councilmember Mitchell, second by Councilmember Fletcher to adopt a resolution to enter into contract with L. Robert Kimball & Associates, 437 Grant Street, Suite 1102 Pittsburgh in the amount of $66,700 with the city being awarded $25,000 from the John C. Williams Charitable Trust; $41,700 shall be divided among the Brooke County Commission, Hancock County Commission and the City of Weirton with each entity responsible for $13,900 for a study to determine the feasibility of consolidating three public safety answering points. This passed 5-1 with Councilmember Ash dissenting, so ordered.

Resolution - Hot Water Pressure Washer - A motion was made by Councilmember Kondik, second by Councilmember Cline to adopt a resolution to enter into contract with Hotsy Equipment Company, 511 Pittsburgh Street, Mars, PA in the amount of $6420.77 for purchase of one hot water pressure washer. This passed 6-0, so ordered.

Resolution - Truck for Animal Control Officer - A motion was made by Councilmember Mitchell, second by Councilmember Fletcher to enter into contract for the purchase of one used full size pick-up truck for the animal control officer in the amount of $12,000. This passed 6-0, so ordered.

Resolution - Sidewalk Sweeper - A motion was made by Councilmember Kondik, second by Councilmember Cline to adopt a resolution to enter into contract with H&K Equipment Company, Arch Street Extension, Carnegie, PA for rental of one walk behind sidewalk sweeper; said rental shall be $1,000 per month for a two month period; not to exceed $2,000; funds utilized in the Street Dept. fiscal year 2001-2002 Operational Budget. Kondik explained its been discussed and asked for council's support. He said it shows support to the downtown community and would encourage absentee owners to participate. Councilmember Ash explained a sweeper was bought five years ago but he's never seen it; parts were bought for it. He noted the repairs and thought it would be cheaper to buy another. He felt businesses should help out, discussing how previous mayors sent letters to businesses to clean up.

Harris said the sweeper was used on night-turn; it's industrial and not made for the grit and grime. He agreed with Ash and Kondik. He explained it didn't fit on the overhead bridge nor under the awning in the Newbrough area. He had seen this new sweeper in a demonstration. He hoped others would follow the city's example. He's received anonymous letters about the filth primarily on the overhead bridge. He said the city needs to bear some responsibility; it may be an industrial town but doesn't have to look like one.

Bryant explained businesses and patrons complained of the noise and dust from the old sweeper; it was then put on night-turn schedule. He noted many environmental advances since it was purchased seven years ago. He recommended council advertise to sell the old sweeper to offset the cost of the new; its in the budget to purchase a new one. He supported leasing this for two months; 100% of the lease would go towards a purchase price. Councilmember Moore explained he didn't second it at the finance meeting because he felt the old sweeper should be utilized. He wants the downtown area cleaned but felt the ordinance should be enforced for business owners to sweep debris in the street for the street sweeper. Councilmember Fletcher motioned to amend to authorize the city manager to seek a buyer to sell the old equipment. Kondik second this. The amendment passed 6-0. The resolution as amended passed 5-1, so ordered.

Resolution - Revise WV Article 24 - A motion was made by Councilmember Fletcher, second by Councilmember Mitchell to adopt a resolution requesting the WV Municipal League include the issue to revise WV Article 24 "Planning & Zoning Law" on its 2003 legislative agenda. Harris asked Fletcher to explain since he sponsored it. Fletcher explained its represented by planners, zoning officers, planning commissions, zoning board appeals, state, local county level. He noted being an active member and current Vice President. He explained working with private and public sector planner to revise the current planning and zoning law; the original intent was to mandate local governments have zoning and planning, however it was revised and recommended revising it for those counties and municipalities who wish to have a comprehensive land use plan or zoning ordinance. He noted the current law is outdated. He explained they had a study resolution through the senate and house of delegates which takes it to the interim sessions to be held in August in Wheeling and revisions can be presented. He discussed the importance of the WVML, saying he was informed it should be placed on the WVML agenda. He said the resolution doesn't suggest they're recommendations but the issue; there's no commitment in the resolution nor any specific revisions. He explained a municipality has to pass a resolution for the league to take on the issue, it goes to the annual conference. He replied to Harris that someone will lobby for this. He explained the city isn't the only municipal body asked to support the resolution. This passed 6-0, so ordered.

Resolution - Engineering Proposals for Reconstruction of Greenlawn Blvd, Forest Road, Scenic Road, Valley Way and Sharon Dr. - A motion was made by Councilmember Fletcher, second by Councilmember Kondik to authorize the advertisement and request for proposals for engineering services in planning for the reconstruction and/or resurfacing of Greenlawn Blvd., Forest Rd., Scenic Rd., Valley Way and Sharon Dr. Councilmember Cline asked if its only for engineering services to find out the work that will be needed to be done. Fletcher explained he structured it delicately so proposals could be sought; there's no commitment and none in the next resolution to address the streets this year or the next. He discussed working closely with Brae Bryant, saying because of the concrete and poor drainage, Bryant doesn't have the internal specifications. Bryant agreed an engineer is needed. Fletcher discussed residents from Greenlawn had attended a council meeting and were interested in some sort of assessment. He said information is needed first. Harris noted it was sponsored by Councilmember Fletcher. This passed 6-0, so ordered.

Resolution - Renew City Employees Dental - A motion was made by Councilmember Moore, second by Councilmember Mitchell to adopt a resolution to authorize renewal of dental insurance benefits for eligible city employees with Reliance Standard with the city paying 50% of the rate for $12.10 for single an $34.72 for family. Councilmember Ash thought it was part of the negotiating procedures as it was in the past, asking why the resolution is before them when they've negotiated everything else with the unions in the past. Means explained its been a city-wide program for many years and time for renewal. Harris responded there aren't any negotiations underway. Means explained the plan is optional for employees. This passed 5-1, so ordered.

Resolution - Amendment to First Time Home Buyer - A motion was made by Councilmember Moore, second by Councilmember Kondik to adopt a resolution authorizing a minor program design amendment for the city's home funded first-time homebuyer down payment assistance program. Councilmember Fletcher stated he would abstain because of his relationship with the home consortium. Denise Allen explained it sets a limit on the amount of closing costs to be funded through the program; people are running into high closing costs; this would encourage using other sources. This passed 5-0-1 with Councilmember Fletcher abstaining, so ordered.

Resolution - Road Delineation - A motion was made by Councilmember Cline, second by Councilmember Moore to adopt a resolution authorizing the city manager to enter into contract for road delineation in an amount not to exceed $7,500 for city streets utilizing funds in the street dept. fiscal year 2001-2002 operational budget. This passed 6-0, so ordered

Resolution - Commercial Garage Doors - A motion was made by Councilmember Kondik, second by Councilmember Fletcher to adopt a resolution to authorize the city manager to enter into contract for the purchase of four commercial garage doors not to exceed $9500 utilizing sanitation revenue. This passed 6-0, so ordered.

Resolution - Water Board Negotiations for Cell Tower - A motion was made by Councilmember Mitchell, second by Councilmember Moore to adopt a resolution authorizing Weirton Area Water Board to complete negotiations with Voice Stream Communications for cell tower on Skyview and Penco Road water tanks. Councilmember Cline stated being confused as to why they were dealing with pieces of property when it s a zoning issue and there's a water board. He noted pieces of property were hanging loose and hoped they wouldn't have to deal with water board issues; he thought those properties were being taken care. Councilmember Moore understood its in front of council because the water board doesn't own the property. Harris asked Cline if he was questioning looking at two individual pieces of property as opposed to all of them. William Fahey responded to Cline a quit claim deed was never discussed with him. Fahey explained reviewing the water board's legislation and had found it only gave the board authority for operation and maintenance; it didn't convey title of real estate, so the board had no authority to enter into contract with Voicestream. He explained recommended council refer to the water board for a recommendation on Voicestream; council would have to decide any ultimate decision unless prior to, there was action to convey title but it wasn't done to date.

Councilmember Kondik questioned why the two towers for Skyview and Penco weren't separated. Harris explained it needs dealt with at the Planning Commission; a special use permit must be agreed upon for an antenna. Mitchell advised bringing it forth because of the Skyview residents' dispute. He motioned to amend to remove Skyview from the resolution (keeping the tower request for Penco Road.) He explained a tower will be placed at south 11^th street on non-city property and no one has complained. He motioned to remove the Skyview tank. Councilmember Ash second this.

Councilmember Fletcher explained the towers aren't restricted from residential areas under zoning; the city owns the property. He noted the Planning Commission tabled it; there should be ordinances to restrict it. He explained if council makes a decision, its not for a zoning or comprehensive plan reason; the Planning Commission would take it to the Zoning board; if Zoning approved it, objections would be taken to the Circuit Court. He said a comprehensive plan is adopted, zoning ordinances and regulations entrusted to the Planning Commission and Zoning Board to make any decisions for variances. Councilmember Ash said council loses control if the property is given to the boards. Mitchell asked if there's a problem with the amendment. Fahey said Voicestream may not want to proceed without all three sites; it takes away from the water board from negotiating what they think is in the best interest of the citizens. Cline explained towers are now part of the infrastructure needed for the community to compete for economic development. Kondik felt council should abide by the residents' wishes. A roll call vote was taken with a yes is in favor of the motion to amend and remove the Skyview tower, a no is opposed: Councilmember Kondik Yes

Councilmember Cline Yes

Councilmember Fletcher Yes

Councilmember Mitchell Yes

Councilmember Moore Yes

Councilmember Ash Yes

The amendment passed 6-0, so ordered.

Moore wanted to motion to amend to remove the Penco tower. Harris asked why not remove the resolution. Moore's motion failed for a lack of a second. Fahey noted Skyview is stated throughout the resolution and would need removed. A roll call vote was taken with a yes is in favor of the resolution, a no is opposed:

Councilmember Cline Yes

Councilmember Fletcher Yes

Councilmember Mitchell Yes

Councilmember Moore No

Councilmember Ash Yes

Councilmember Kondik Yes

The resolution as amended passed 5-1, so ordered.

Resolution - Sponsor Float for July 4^th Parade - A motion was made by Councilmember Kondik, second by Councilmember Cline to adopt a resolution to authorize the city manager to sponsor a professional float in the city's Fourth of July parade in an amount not to exceed $600 from Custom Floats Unlimited, New Philadelphia, OH. This passed 6-0, so ordered.

APPOINTMENTS TO BOARDS AND COMMISSIONS - Planning Commission - A motion was made by Councilmember Cline, second by Councilmember Mitchell to reappoint Councilmember Chris Fletcher, 108 Lisa Court for a term of 7/1/02 - 6/30/05. This passed 5-0-1 with Councilmember Fletcher abstaining, so ordered.

Weirton Park Board - A motion was made by Councilmember Mitchell, second by Councilmember Kondik to reappoint William Currenton, 328 Steel Blvd. for a term of 7/1/02 - 6/30/08. Councilmember Moore thought they were four year appointments. Harris said they're six year appointments. This passed 6-0, so ordered.

Weirton Housing Authority - A motion was made by Councilmember Fletcher, second by Councilmember Cline to reappoint Jim Davis, 105 Terry Court for a term of 6/1/02 - 5/30/07. This passed 6-0, so ordered.

ADMINISTRATIVE REPORTS - Police - Councilmember Cline noted the animal control report.

Library - Harris remarked the Library had a nice event last week.

Park Board - Kevin Elias reported the pools are running; crews are catching up on grass detail.

Treasurer's Report - A motion was made by Councilmember Fletcher, second by Councilmember Mitchell to approve the Treasurer's report, administrative report and the pay the general fund bills. This passed 6-0, so ordered.

ADJOURNMENT - With no further business before this the June 10, 2002 Regular Session of the Common Council of the City of Weirton, the meeting was adjourned at 8:23 p.m.