A meeting of the Common Council of the City of Weirton, Hancock and Brooke Counties, was held on June 11, 2001 at 7 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: Chief Kessler Cole, Gene DelGreco, Chief Ralph Fletcher, Joe DiBartolomeo, Joe Cicchirillo, Melissa Farley, Rod Rosnick, Dan Mastrantoni, Coty Shingle, Brae Bryant and A.D. Mastrantoni.

Mayor Dean M. Harris led the Pledge of Allegiance.

A motion was made by Councilmember Kondik, second by Councilmember Minella to approve the minutes of the May 7, 2001 Regular Session. This passed 7-0, so ordered.

Harris said the city has excellent marksmen but they couldn't attend because they're working. He called on Chief Fletcher. He said the state requires the police department to qualify in our range; the city has its own. He said this was taken a step further more than nine years ago, with a Top Gun Award and Chief's Top Crew; top award went to Ptlm. Fred Martin at 100%; second went to Chief Fletcher 100%; third, Lt. Dave Popish with 99.68%; Ptlm. Bruce Marshall 99.37%; Lt. Vince Gala 99.37% who tied. Gala was present. Fletcher explained the last three were all 99% with the only difference being the "x's." Harris said the tie was with Sgt. Tom Dodson, 99.37%. Fletcher presented Top Crew award to Lt. Gala's crew at 96.73%. He read the names, saying its bragging rights and goes in the office. He said Gala's name has been on it three times; its competition between the crews. Fletcher commented on a program with the Steubenville dept, Hancock County Sheriff's dept. to help with funding for two smaller projects. He explained it resulted in a bringing a program and dividing the cost. Harris told Gala to keep up the good work, saying everyone trains hard; he thanked them.

Harris announced he and Joe Cicchirillo will be in Flatwoods June 14^th and 15^th for the Board of Director's meeting WVML; June 19^th Code Enforcement meeting at 2:30 p.m.

Cicchirillo said he sent to council correspondence regarding the Lee Avenue access road; proposal was received from Tri-State Surveying for $4200; they will probably contract with them.

Cicchirillo explained the DEP never gave a clean bill of health on the removal of the underground storage tanks on Freedom Way, and Morelli who bought the property, is requesting it put back in the condition it was with the black top. He said the city hasn't done it because they haven't got the clean bill from the DEP.

Brae Bryant explained how he asked Jerry Miller for a proposal but action hasn't been taken since 1997; closure is needed. He said the proposal would determine the extent of the contamination; the wells were drilled in '97, there was a discussion with the former city manager, but closure is needed. Councilmember Kondik asked for the amount. Bryant said the tanks were removed in 1994; he's waiting for the proposal but with the drilling and the lab analysis, it could be $8500. Bryant responded to Harris that the DEP hasn't communicated back., explaining that Miller was the certified installer for James White Construction which the city contracted with in 1994, but the city hasn't heard from the state since 1997. He explained its not clear who was responsible to monitor the wells when they were drilled. Ash said he vaguely remembered but thought they were waiting. Councilmember Moore asked for the location of the wells. Bryant said in '97 the state had the city determine if there was underground contamination; it was drilled at the old city garage site, its clogged and not usable.

Moore asked if there's a time limit since the city hasn't owned it. Bryant said the state holds the installer responsible, not the owner; from 1983-1994 they were dormant. Joe DiBartolomeo said it was a big issue; when transferring property, there was probably a clause when Morelli's bought it that the city retained responsibility until they're removed.

Councilmember Ash expressed disgust with the Memorial Day services at the Community Center, saying the VFW and American Legion had bought a sound system, was given another system which also ended up missing; the old system had to be used and no one could hear anything.

He referred to the minutes, saying it stated a meeting to be held on June 8^th at the courthouse (municipal fee), asking if it took place. Cicchirillo said the judge gave an extension to Friday and by or on July 6^th the judge will rule about the 15 cents discrepancy.

Ash said it was a productive meeting on June 4^th concerning the buildings used by the volunteers, asking if the city has taken responsibility of the buildings it owns. He explained in regards to who is using the building and liability insurance. Cicchirillo explained he hadn't received any information but they're supposed to respond. Ash said he hope it doesn't die, its been going on for years and part is his fault. He said council goes through it every year, saying he hopes it stops and council makes a decision.

Ash thanked Doug Finton and Wolf for paving in front of their business on Main Street, saying it's the only business in Weirton willing to do something like that, otherwise money is used from CDBG or federal monies.

Ash asked whether the city is responsible for off duty police officers under contract if they pull a gun. Cicchirillo believed so, asking Chief Fletcher to respond. Chief Fletcher said off duty employment is limited to within the city limits, discussing a company outside the city that wanted to contract with them but couldn't due to the liability outside the city unless the Sheriff deputizes the officers. He explained duties are limited to the city unless a case takes them outside. He said with liability and use of a firearm, it would fall back to the city; officers are on duty 24 hours. Fletcher said DiBartolomeo might be able to elaborate.

Ash stated not having a problem with the officers doing something off duty but asked if he and his family were to feel threatened, could he contract with an officer to protect his home and is the city liable. Fletcher explained the presence of an officer could reduce something from happening.

Ash said about a year or so ago, an incident came to his attention, he discussed it with the former city manager and didn't have a problem with it then or now. He said its come back to him in the last two weeks. He said he wants the public from other wards to understand and quit calling him about an officer outside someone's home; they need to contact their own councilman. Ash said Fletcher knows what he was talking about. Fletcher agreed, saying it deals with someone's security and he wasn't comfortable discussing it in an open forum. Fletcher said if council wanted them to pull out from off-duty, extra security and something were to happen, the city would be liable.

Harris asked DiBartolomeo if the city would be responsible. Moore wanted to ask a question. Harris said its not time for question and answer with the chief. Moore wanted to communicate with the chief and city attorney. Harris requested he be brief. Moore asked DiBartolomeo if a contract is required between the police and other parties requesting police protection. DiBartolomeo said it's a complicated issue, asking if there's a contract with funeral homes. Fletcher explained no, saying they've worked security for many firms. DiBartolomeo said council might want to address it about a contract. He discussed attending functions at the Millsop Center as a youth and police were hired outside of their duties. He explained there is some liability when carrying a city firearm and uniform, saying he could look into it.

Councilmember Mitchell said he got a letter regarding vacant lots and high grass. He said Rod Rosnick and his staff have been working hard and had bids for 30 properties and 15 in his ward. He said he has some ideas and would like a meeting with Cicchirillo, Rosnick and DiBartolomeo because it's a big problem in his ward.

Harris agreed with Ash regarding the Memorial Day ceremony, saying its being addressed and the volunteer issue will also be addressed.

Jim Marasola, City of Follansbee commented on being Follansbee's interim City Manager. He said there was an agreement when Cicchirillo left Follansbee that council would allow Marasola to contact Cicchirillo for assistance. He thanked council for letting Cicchirillo help him, saying things went smooth, he couldn't have done it by himself, saying there's a better relationship between the two cities. He thanked secretaries Millicent Zack and Kathy Cihota. He stated he ran for council and won. Harris said Jim resigned as City Clerk, ran for council and won.

Ryan McGuire discussed the rezoning proposal for the property on Pennsylvania Avenue, saying the facility would be for family entertainment center: go carts, miniture golf, soccer and arcade center. He said he wanted to inform council and they should've received a 11x17 layout of the map. He passed out copies to council. He said they wanted to solve a need in the community for youths to have somewhere to go instead of outside the city and felt they could provide a safe environment and family oriented. He said he's heard the rumors that it would be like Mountaineer Park but its not their intention. He offered to answer any questions. Harris said it can be addressed when they get to the issue if council has any questions..

Councilmember D.J. Minella said he and Moore met on Thursday, recommending items 1, 2, 3, 4, 6 and 12. He said they were split on 13 with a "nay" from Moore and "Ye" from Minella.

A motion was made by Councilmember Fletcher, second by Councilmember Kondik to authorize ordinance 1317, 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, from the city to the Weirton Area Water Board. Councilmember Minella wanted to present the same board, asking if names can be added to the ordinance. DiBartolomeo suggested passing the ordinance and then making the appointments later tonight, saying there's an issue of staggered terms of 5, 4, 3, 2, & 1. A.D. Mastrantoni said it was suggested the names be put in a can, saying he did so and they can draw from that. 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

Ordinance 1317 passed second reading by a 6-1 vote, so ordered.

A motion was made by Councilmember Ash, second by Councilmember Moore to authorize Ordinance 1318 to Amend Ordinance 1313 Establishing the Salaries of the Municipal Employees (police chief and fire chief) within the General Fund. A roll call vote was taken with a yes is in favor, a no is opposed: Councilmember Ash Yes

Councilmember Kondik Yes

Councilmember Cline Yes

Councilmember Fletcher Yes

Councilmember Mitchell Yes

Councilmember Minella Yes

Councilmember Moore Yes

Ordinance 1318 passed second reading by a vote of 7-0, so ordered.

A motion was made by Councilmember Ash, second by Councilmember Mitchell to Accept Property from Mary V. Wright, 232 Hudson Avenue. This passed 7-0, so ordered.

A motion was made by Councilmember Moore, second by Councilmember Minella to adopt a resolution to Enter into Contract with Tom's Equipment, Hickory, PA for the Purchase of a 16 ft. Construction Trailer for Public Works in the amount of $3,100. Councilmember Mitchell asked if this was in the original capital expenditures. Bryant said yes, saying it was a package deal for the tractor and trailer--it can transport and be used with the asphalt. Bryant explained its needed because they're required to cut grass at sites. Councilmember Fletcher said he had requested which funds the purchases are coming from to be put in the resolutions and its stated its from the general fund. He requested resolutions state which part of the budget item. This passed 6-1 with Councilmember Ash dissenting, so ordered.

A motion was made by Councilmember Cline, second by Councilmember Minella to adopt a resolution to Enter into Contract with Anderson Equipment, Bridgeville, Pa in the Amount of $1,685 for a Gasoline Powered Upright Rammer. Minella told Councilmember Mitchell that these were all budgeted items. Mitchell said they're requesting resolutions to state it. This passed 6-1, with Councilmember Ash dissenting, so ordered.

A motion was made by Councilmember Kondik, second by Councilmember Fletcher to Enter into Contract with Zambelli Internationale, New Castle, PA in the Amount of $7,000 for the City's 2001 Fourth of July Fireworks Display with the Weirton Board of Parks and Recreation contributing $2,000 of the $7,000. Councilmember Fletcher said the symphony is held on the WSX General Office grounds; it would be nice for in the future if a small fireworks display can be held afterwards. The resolution passed 7-0, so ordered.

A motion was made by Councilmember Minella, second by Councilmember Fletcher to adopt a resolution to Enter into Contract with The Electrical Adviser, 6500 Brooklyn Blvd., Minneapolis, MN for Purchase of Emergency Standby Generator for Gilson Avenue Fire Station in the Amount of $6,139. Councilmember Moore asked Chief Cole why it would be needed since they've gone without it. Chief Cole said Company #1 and Marland Heights have back up; Gilson Avenue is one that doesn't have one. He said its manned 8 hours a day; he discussed having one with the ISO rating. He said it would give power to the garage doors and make it more easily operated. Councilmember Mitchell asked if the station was only manned during daylight hours. Cole said yes but its also manned by the volunteers who would benefit from it. The resolution passed by a 6-1 vote, with Mitchell dissenting, so ordered.

A motion was made by Councilmember Moore, second by Councilmember Mitchell for an ordinance for zoning change from residential to commercial. Councilmember Fletcher said as a representative of the Planning Commission he couldn't attend the meeting and apologized for having other commitments. He said he received calls about it, the activity there would cause concerns and he's tried to address it. He said his concern is changing zoning at the eve of the comprehensive land use plan. He said he would like to see it post-poned. He explained there were some sites, recreational but this wasn't it. He said the zoning ordinance is old, needs changed and has been identified as a priority; this area was seen as best used as residential, saying he agreed. He said its close to spot zoning. Councilmember Mitchell thought it was a great idea, saying its what the city needs.

Gene DelGreco said he stated the same thing to the Planning commission--that once its rezoned, it can be used as C1, anything else with permitted use can be put there. Fletcher said this is also a concern of his. He said it could have an adverse affect on residential areas.

Councilmember Ash said based on Fletcher's comments and those received from the consultants and DelGreco about zoning changes in his ward, he said they should wait and he agreed. He motioned to table the ordinance and hopefully push it through. He also said he's against and changing from residential to commercial. Fletcher second the motion to table. Councilmember Cline requested to ask a question, but Harris said there are no comments during motions to table. A roll call vote was taken with a yes is in favor of tabling, a no is opposed:

Councilmember Kondik Yes

Councilmember Cline No

Councilmember Fletcher Yes

Councilmember Mitchell No

Councilmember Minella Yes

Councilmember Moore No

Councilmember Ash Yes

The motion to table passed by a 4-3 vote, so ordered.

A motion was made by Councilmember Minella, second by Councilmember Ash for an Ordinance to Repeal Ordinance 749, Authorizing the Appointment of a Deputy Municipal Clerk and Adopting a New Ordinance Regarding the Authority to Issue Warrants for Arrest, Administer Oaths and to Accept and Approve of Sureties and Bonds. Ash asked if there are any names. Cicchirillo said there would be two names and if the ordinance passes tonight, he will post the position. Harris accepted the vote as 7-0, saying hopefully council would do better next time. So ordered.

A motion was made by Councilmember Moore, second by Councilmember Minella for a Resolution Authorizing the City of Weirton to Enter into a Cooperation Agreement Between the Cities of Weirton & Wheeling and the Counties of Hancock, Brooke, Ohio & Marshall to Obtain Funding for Affordable Housing Under the U.S. Dept. of Housing and Urban Development's Home Investment Partnership Program (HOME) This passed 7-0, so ordered.

A motion was made by Councilmember Minella, second by Councilmember Moore to adopt a resolution to Authorize Repairs to Water Departments Number 1 High Service Motor and Enter into Contract with Hannon Electric, 1605 Waynesburg Drive, Canton, OH in the Amount of $4,320. This passed 7-0, so ordered.

A motion was made by Councilmember Minella, second by Councilmember Moore to adopt a Resolution to Authorize Installation of Turbidity Monitoring Equipment for Water Department and Enter into Contract with C.I. Thornburg Company, Inc, 4034 Altizer Avenue, Huntington, WV in the Amount of $4,500. This passed 7-0, so ordered.

A motion was made by Councilmember Minella, second by Councilmember Fletcher to Enter into a Mutual Aid Agreement with Hanover Township Volunteer Fire Department. Councilmember Moore asked what area would be involved. Chief Cole said a cover letter given to council. He said they've used tankers from Hanover and Colliers for fire protection but there's been incidents on PA/WV line--six or seven accidents. He said on US 22, the city fire dept. can go there in joint with Hanover. He said the other coverage is with the volunteers on any structure on US 22; Co#3 had a mutual aid with Hanover. Cole said he believed it was up to him and council to recommend a mutual aid agreement.

Councilmember Mitchell said he had the same problem with this resolution as with the resolution for mutual aid with Follansbee, saying he wants to know the specifics because US 22 extends very far. Joe DiBartolomeo said council has the authority to ask for the particulars such as to who would respond. Mitchell asked for the particulars such as exact location and who would respond. Cole said 99% of the time it will be covered by volunteer fire dept. He said the mutual aid agreement with Brooke County was to cover US 22, saying they've received bad press on fatalities on US 22. He said mutual aid is two-way. Mitchell asked if this is in writing. Cole said mutual aid with volunteer fire depts will be sent to structural fires in Brooke County when requested. Cole said on US 22, he and the other chief agree the paid dept. would respond. Councilmember Cline said when the city vacates their fire station and calls for an engine from Washington County to Weirton Heights to protect his home, he said he didn't care where it comes from. He said when there's a fire and the city has no water because the pumps are down and Hanover comes with tankers, he said he won't ask where they come from.

Harris told Cole to get specifics for the mutual aid agreements. He said personally, he said he's never heard complaints from councilpersons that volunteers were leaving the city and running outside the city.

Councilmember Ash asked if the volunteers in Follansbee are paid or volunteers. Cole said volunteers. Ash said council decided to let Chief Cole run the fire dept and a resolution was passed so if he messes up, council won't be easy on it; his judgment needs trusted. Cole said the only time how mutual is used is with large scale fire. He explained when tandem #9 mill, a dept came in without a mutual aid agreement to assist at Weirton Steel. He said the state fire Marshall recommends mutual aids for paid and volunteers. The resolution passed 7-0, so ordered.

A motion was made by Councilmember Minella, second by Councilmember Cline to adopt a resolution to Enter into Contract with Kuester Implement Company, 1436 State Highway 152, Bloomingdale, OH in the Amount of $8,474.25 for Purchase of John Deere Lawn Tractor for Water Department. This passed 7-0, so ordered.

A motion was made by Councilmember Moore, second by Councilmember Minella to Authorize Renewal of Dental Insurance with Acordia of West Virginia for City Employees: monthly rates of $22.20 for single and $63.72 for family with the City's premium being $11.10 for single and $31.86 for family. Councilmember Cline asked if council had money for this. Councilmember Fletcher said it's a one year arrangement. This passed 7-0, so ordered.

Brae Bryant said it was budgeted and identified in the resolution; it would replace a truck and part of the capital improvement plan. He said when they were made aware that the landfill would raise rates, they took notice and if they don't purchase one, it can make an impact city services and that's why they looked at a demo. A motion was made by Councilmember Minella, second by Councilmembers Fletcher and Kondik to adopt a Resolution to Enter into Contract for Purchase of One Demo Unit Sanitation Truck for the City of Weirton not to Exceed the Budgeted Amount.

Councilmember Moore asked about the lease-purchases, saying its like a credit card and can only purchase so much on it. Bryant said council worked hard on the capital improvement plan and revenue was based on purchases and lease-purchases. Moore asked for the amount of the lease-purchases and requested a copy of the total amount of lease-purchases. Councilmember Fletcher said Moore's questions alludes to mismanagement, he asked Cicchirillo if the city is beyond the recommendation or extended beyond recommended capital improvements; is the bond rating ion good standing. Cicchirillo said the city's standing is good. Councilmember Fletcher called it outstanding. Councilmember Cline told Moore he made a point but that on this item is requested for public works to run on a fee based budget and it's a good expenditure. Moore said he's not saying it's a misappropriation of funds. This passed by a 5-2 vote with Ash and Moore dissenting.

A motion was made by Councilmember Minella, second by Councilmember Kondik to adopt a Resolution to Enter into Contractual Relationship with Weirton Transit Corp. for the Establishment and Operation of a Transit Service. Councilmember Ash said in the past, it was discussed that need to get away from it but it's the only way they can operate is by council doing this. Harris said it came through the city manager and attorney; the agreement with Transit and the city need voted on yearly; he said they have met with transit about this and other issues but they need it. Councilmember Fletcher asked if the city is acting as a conduit for the funding. The response was yes. This passed 7-0, so ordered.

A motion was made by Councilmember Mitchell, second by Councilmember Cline to adopt a Resolution to Place a Lien Against Real Properties for Costs Incurred in Demolition of Unsafe Properties Pursuant to Ordinance 250, Conseco Finance, 1706 County Road. This passed 7-0, so ordered.

A motion was made by Councilmember Fletcher, second by Councilmember Kondik for an ordinance Authorizing the Transfer of City Property to the Weirton Housing Authority. Councilmember Moore asked if HUD is getting any funding from the government to purchase property; any funding for the facility. Cicchirillo didn't think so and the city can transfer property to them. Councilmember Fletcher said they are an entity of the state and city government and we can transfer property to them and then they would use the property to construct. He said they will seek money from the Home Consortium of $100,000 to build it. He said the city committed $5,000 through CDBG. He said the Northern Home Consortium, when the city gets the money, to come up with a match and its difficult. He said the value of the land makes the application to the Consortium more inviting to fund. He said it helps them and the city. DelGreco agreed. Fletcher said its really selling the city the property. Ash said this will be our match. Councilmember Cline had a question for someone from the Housing Authority. No one from the Authority was present. This passed 7-0, so ordered.

A motion was made by Councilmember Kondik, second by Councilmember Fletcher to adopt a Resolution to Authorize the City Manager to Submit a Request to the Planning Commission for Subdivision Changes of City Property. This passed 7-0, so ordered.

A motion was made by Councilmember Minella, second by Councilmember Cline to adopt a Resolution to Accept the Funding of $25,000 from the West Virginia Port Authority for the Weirton Port Coordinator. A roll call vote was taken with a yes is in favor, a no is opposed:

Councilmember Cline Yes

Councilmember Fletcher Yes

Councilmember Mitchell Yes

Councilmember Minella Yes

Councilmember Moore Yes

Councilmember Ash No

Councilmember Kondik Yes

The resolution passed by a 6-1 vote, so ordered.

A motion was made by Councilmember Fletcher, second by Councilmember Minella to accept a request by the city manager to convene into an executive session consistent with West Virginia code 6-9-A-4 to discuss personnel matters. This passed 7-0, so ordered.

Council reconvened at 8:35 p.m.

Harris asked A. D. Mastrantoni to approach with the can of names. Harris drew and announced the first name drawn for the Weirton Area Water Board will serve five year term; the next four year, three year, two year and one year. The names were drawn in the following order:

Tim Varner, five year; Don Gianni, four year; Tom Grossi, three year; Sonny Marino, two year and Jim Shockley, one year. Ash requested the information be accepted.

A motion was made by Councilmember Mitchell, second by Councilmember Ash to appoint Mike Zaltani, 118 Ridgeway to fill the unexpired term of Tim Gates. Harris commented Gates had moved out of the area. This passed 7-0, so ordered.

Councilmember Minella asked Dan Mastrantoni if he made contact with a certain person. Mastrantoni said yes. Minella requested to discuss it after the meeting.

Councilmember Minella said there's paving on National Road, thanking Brae for coming down to assist with the problem. Minella said he was there in the afternoon and Brae stayed after 8 p.m. Minella said it will be a major expense. Councilmember Mitchell commented there was no street sweeping in Owings Addition and only a few patch jobs in April and May, saying the streets in his ward need cleaned and patched. Bryant said they haven't been able to get to it because of the work load. Councilmember Ash asked about the sidewalk sweeper. Brae said due to vacations and workload, they haven't been able to get to it. Ash said a sign was supposed to be posted but it hasn't been done and he's requested it in his ward IV. Ash said he couldn't thank Bryant for paving streets because none were done in his ward.

Harris said the city attorney brought it to his attention that they should officially vote on the members of the water board. He read the names again from five year to one year term beginning with Jim Varner, Don Gianni, Tom Grossi, Sonny Marino and Jim Shockley. Motions were made by Councilmembers Kondik and Cline. This passed 7-0, so ordered.

Carol Brancazio read the treasurer's report for water and general funds. A motion was made by Councilmember Fletcher, second by Councilmember Mitchell to approve the treasurer's report and to pay the general fund and water dept. bills. This passed 7-0, so ordered.

With no further business before this, the June 11, 2001 Regular Session of the Common Council of the City of Weirton, the meeting was adjourned at 8:45 p.m.

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