Weirton City Council

July 8, 2002

Regular Session

A meeting of the Common Council of the City of Weirton, Hancock and Brooke Counties was held on July 8, 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: Chief Gordon, Brae Bryant, Melissa Farley, Valerie Means, Joe Cicchirillo, William Fahey, A.D. Mastrantoni, Rod Rosnick, Ric Rekowski, Bob Riccelli, Kevin Elias and Chief Cole.

Mayor Dean M. Harris led the Pledge of Allegiance.

MINUTES - A motion was made by Councilmember Moore, second by Councilmember Mitchell to approve the minutes of the June 10, 2002 Regular Session. This passed unanimously, so ordered.

COMMUNICATION - Harris read a letter from former Weirton resident, Tim Gates, saying it was given to council. It stated that Gates is no longer resides in Weirton; it discussed the new formation of the paid and volunteer fire fighter; he had been a Weirton volunteer fire fighter for 33 years. It stated he had approached Chief Cole four years ago about combining the departments and he had lost friends over the issue. He discussed the filing of a lawsuit wasn't a surprise, stating some people live in the past. He expressed pleasure with the joining of the departments; his son Andrew Gates was sworn in as volunteer fire fighter--a third generation fire fighter. He stated those who joined were probably criticized but the system will work. (Tim Gates now resides in Chattanooga, TN.)

Councilmember Fletcher said the 12^th Symphony concert went fantastically. He commented how he had asked council last month to support fireworks for the event, saying he received positive feedback. He said he would ask next year for council to support it.

Councilmember Moore stated on the agenda is to replace concrete at the fire station on Marland Heights. He said he looked at the situation; 2 ½ of the portion to the entrance was cracked. He felt the original apron doesn't need to be replaced for 8,500. He said the part that needs fixed could be done by Public Works for $500. He said the parking lot could be done.

CITIZENS REMARKS - Jean Korpas, 516 Brookline Drive, stated an emergency access road is needed on for Marland Heights but not on Brookline. She presented council a petition of 28 names, saying four others wanted to sign but were on vacation.

Bob Blake, Athena's on Main Street was concerned about the parking that would be taken away from his business with the installation of a turning lane on Main Street. He explained the water from the rain goes over the sidewalk and into their door. He said customers park in front of the store and he didn't feel the center turning lane was necessary. He commented on Mr. Guida's remarks that before the highway was open, there was 21,000 cars, now there's 19,500. Blake said he contacted the WVDOH and there's 14,000 on the road compared to the 19,000. He said a turn lane is a safety hazard and parking problem for their business. He said the water runs from the bowling alley and down the street; the sewers can't handle it. He had a petition from 119 names from customers to leave the situation as it is.

Jeffrey Whilps stated his office is next to Mr. Blake's on Main Street. He presented a petition with 125 signatures to keep the parking. He said he's been a podiatrist for 13 years; the state is planning a turning lane but he can't see the advantage of it, saying it would benefit the Holiday bowling lane; the other businesses don't need it on that side or they're closed. He said a center lane would make the road wider for the residents at Freedom Place to cross the road, saying they can't cross it now. He said most of the accidents quoted from the state's study are 30 in two years with most being from motorists turning left onto Main Street from businesses. He felt a turning lane might increase the accidents. He said parking in front of the businesses makes it easy access; for the state to prohibit a left turn from businesses on Main would be better with less cost and would solve the problem.

Harris said according to the study, most accidents were rear-end accidents. Whilp felt this was from pulling onto Main and attempting a left turn. Harris said there were 79 accidents; 39% rear-end accidents; 22% from left turns. Harris disagreed with prohibiting a left turn from the businesses, saying a center turn lane removes the stopped traffic. He pointed out a left turn lane at Hardees at the street crossing, saying a center turn lane wouldn't make it any wider or difficult. He also disagreed that its being done for one business, saying BHJ found the economic loss was $2 million. Whilps said the amount is loss dollars from insurances due to accidents and not to do with loss of business. Harris said it's an economic loss to the people in the area. Harris said he doesn't disagree that many patrons are turning to the bowling lanes; there's ingress and egresses on Main Street; the bigger problem is the cars stopped in traffic while the motorist is turning left to businesses. He said motorists try to avoid the stopped vehicle by going into the other lane. Whilps said it is part of it and so is the left hand turn. Harris said it may have to be looked into.

Councilmember Ash researched the left turn onto Main Street, noting ordinance # 503 prohibit any left turn on Main Street from Freedom Place; ordinance 827 established no left turn or right turn exiting the old first national bank at Marland Heights road and Main Street. Ash said he would request the Traffic Commission to look at no left turn from Heaslett to Marland Heights Road. He read the last paragraph of the ordinance, saying it means one week before the DOH puts in the left turn, there still wouldn't be any parking. He didn't understand why it would go to the Traffic Commission now, saying once it passes, its law; the procedure is being done backwards. Harris said it's not establishing a center turn lane. Ash said no, but its taking parking away and states it's for the turning lane. Harris said if the state doesn't approve the turning lane, then council can rescind the parking. Ash suggested waiting for the state to approve it. Councilmember Fletcher asked to have this discussion when the issue is on the table.

REPORTS FROM VARIOUS BOARDS AND COMMISSIONS - Councilmember Minella reported the Finance Committee met with him and Councilmembers Moore and Kondik in attendance. Items Recommended: 1, 2, 3, 5, 6, 7 & 12.

Ordinance 1348 - Support No Parking on Main Street - Second Reading. A motion was made by Councilmember Fletcher, second by Councilmember Cline to authorize Ordinance 1348 in Support of Establishing no parking on Main Street from Marland Heights Road to Heaslett Avenue to facilitate installation of left turn by West Virginia Department of Transportation.

Fletcher asked for the Traffic Commission's role. Joe Cicchirillo said in 1996, the Traffic Commission asked the state to conduct a study for a center turning lane; it was never acted upon because the state wouldn't enact upon any initiative until the governing body acts on it. He discussed his conversation with the state was, they would consider a left turn lane if council took out the parking; the city doesn't have any rights with Main Street. Fletcher discussed the state allowed the Parking Authority to install parking meters on Main Street; it's privatized now. He noted the Traffic Commission is important but asked for their role with this. Harris noted other councils discussed the same issue, saying studies were requested and the state said council would have to eliminate parking on Main Street. He said if council acts upon it, then the Commission would request the state for a center turning lane.

Fletcher noted the ordinance states there would be parking until the state makes the decision to paint the center lines. Harris agreed with Fletcher the ordinance wouldn't need rescinded if the state doesn't put in a center turn lane. Fletcher expressed interest in prohibiting a no left turn from the businesses. Cicchirillo explained it would be the under the state's authority. Harris said Ash is correct, a precedent has been set. Harris said if the Commission agrees then maybe the state would grant the turn lane. He noted several streets on Main Street where left turns are prohibited. Fletcher believed this affects more than one business on Main Street, saying a center turn lane is needed; the tests and studies are completed, saying it should've been done a long time ago. He agreed with Ash that council should find out about prohibiting left turns.

Councilmember Mitchell asked if the ordinance is necessary to give to the commission. He asked if the commission requested the state for a center turn lane in 1996. The response was yes. Harris said he had looked at minutes from 1996, saying the Commission requested a study and then for a center turning lane from Marland Heights to Hudson but there was opposition to it.

Councilmember Cline discussed the city would have to look for the future into off-street parking. He discussed nearly being hit by Simon's Furniture and DiCarlo's pizza because of parked cars. It was responded to Ash that there's been no response from other businesses. Ash asked if it passed, what if the Commission doesn't approve it. Harris responded the city would then have to pursue it. Fletcher asked if it would be sent to the traffic commission. Cicchirillo explained the Commission would send a letter to the state. Ash asked what would happen if the Commission didn't approve of it. Cicchirillo said council, the governing body would have to make a decision.

Fletcher didn't understand where the Commission has a role, saying the issue was driven by them years ago, but should it have been brought before them. He felt it's a Parking Authority issue and if passed, he said he would expect the City Manager to send the state a letter. Harris said the city and Commission have little authority; a center turning lane is needed in the area; the ordinance would make it clear to the state that the city wants a center turn lane. Councilmember Moore asked if the state could have forced the city to remove previous meters. Harris said most small towns on route 2 have parking meters; the state could probably do what it wants however, it would have to be done in all the small towns. He said it wouldn't matter if the meters were there. This passed 6-1 with Councilmember Ash dissenting, so ordered.

NEW BUSINESS - Resolution - Four In-Car Video Systems - A motion was made by Councilmember Moore, second by Councilmember Mitchell to adopt a resolution to enter into agreement with Eagleye, 3373 Alabama Highway, S.W., Rome, GA in the amount of $13,520 for the purchase of four in-car video camera systems for police dept. This passed 7-0, so ordered.

Resolution - Mounting Consoles and Radios - A motion was made by Councilmember Minella, second by Councilmember Kondik to adopt a resolution to enter into contract with A.V. Lauttamus Communications, 1344 Cove Hill, Weirton in the amount of $19,064 for the purchase of lightbars, sirens, switch panels, screens, mounting consoles and mobile radios for the police dept. This passed 7-0, so ordered.

Resolution - Replacement Driveway - A motion was made by Councilmember Kondik, second by Councilmember Minella to adopt a resolution to enter into contact with Kitchen and Bath Home Improvement, 210 Three Springs Drive, Weirton in the amount of $8,500 for replacement of driveway for Weirton Volunteer Fire Dept. Co. #2 (Marland Heights Station.) Kondik appreciated Moore's concern about spending the money for a driveway, saying it retains water in the winter, it was budgeted last year and it's needed. Cicchirillo said he examined it and there's play in the concrete when the trucks run over it, saying its breaking and it's recommended to replace the whole parking lot and apron. He said the revenue for it is through a budget adjustment, a carry-over of what the fire depts didn't spend. Chief Cole was approached in May about the driveway, saying it's cracked, chipped and the concrete sinks when it rains. He explained the lot is worse but the contractor's advise was to replace the driving pad; the parking lot will also need done. Moore asked how the water gets under the concrete if the apron has a slope. Cole explained the concrete flexes and drops when the truck is on it. This passed 6-1 with Councilmember Moore dissenting, so ordered.

Resolution - Mutual Aid Agreement with Oakland Fire Dept. - A motion was made by Councilmember Fletcher, second by Councilmember Cline to adopt a resolution to enter into a mutual aid agreement with Oakland Volunteer Fire Dept. This passed 7-0, so ordered.

Resolution - GASB 34 - A motion was made by Councilmember Minella, second by Councilmember Fletcher to adopt a resolution for GASB 34 accounting services with Sullivan, Ware & Hall, Huntington, WV in the amount not to exceed $11,875. Valerie Means explained new accounting standards for all US cities, saying the details and regulations are complicated. She said the city isn't efficiently staffed with enough CPA's to take on the workload; if the GASB34 isn't implemented, there will be an adverse opinion in the audit which means the city wouldn't be able to get federal money, bonds and risk losing CDBG funding. She noted it would affect the water, sanitary and autonomous boards. Harris said cities are forced to do this, agreeing it needs done. Kondik commented its $11,000; the other bidder was in Moundsville. He felt Weirton businesses should take a look at these things. This passed 7-0, so ordered.

Resolution - Application for Recycling Grant - A motion was made by Councilmember Minella, second by Councilmember Fletcher to adopt a resolution to declare support to apply for a WV Divisions of Natural Resources Recycling Grant; to obtain residential recycling containers. This passed 7-0, so ordered.

Resolution - Cathodic Protection System - A motion was made by Councilmember Ash, second by Councilmember Kondik to adopt a resolution to authorize repair of cathodic protection system for underground storage tanks at public works facility with August Environmental, 327 Beechurst Street, Morgantown, WV in the amount of $4,050. Jerry explained to Councilmember Moore that it may not have to be done all the time. This passed 7-0, so ordered.

Ordinance - Motorized Vehicles on Walking Path - Emergency Reading - A motion was made by Councilmember Minella, second by Councilmember Fletcher to authorize emergency reading of an ordinance addressing operating motorized vehicles on public walking and biking paths. Councilmember Cline said the rail to trail path is patrolled but there's no state statute to keep motorized vehicles off. He said it's a safety issue and vehicles tear the path's surface. Councilmember Moore said there's no fines. Cline said there's four parts to the fines within the code. Cline responded to Fletcher that the trail needs dedicated as a public pathway. He said this would keep the motorized vehicles off of the emergency access road. Moore inquired about the ordinance. Cline said fines fall under traffic ordinances or general offense fines. He thought it would be maximum of $500. A roll call vote was taken with a yes is in favor, a no is opposed:

Councilmember Fletcher Yes

Councilmember Mitchell Yes

Councilmember Minella Yes

Councilmember Moore No

Councilmember Ash No

Councilmember Kondik Yes

Councilmember Cline Yes

The ordinance failed an emergency reading; therefore it passed first reading by a 5-2 vote.

Ordinance - First Reading - Amendment to Traffic Code - A motion was made by Councilmember Cline, second by Councilmember Ash for an ordinance to amend article 351.10 of the traffic code of the codified ordinances of the city of Weirton relating to parking of auto trailers on the street overnight. This passed 7-0.

Resolution - Demolition Lien - Mary Kois - A motion was made by Councilmember Mitchell, second by Councilmember Ash to adopt a resolution to place a lien against real properties for costs incurred in demolition of unsafe properties: Mary Margaret Kois, 372 ½ Pennsylvania Avenue in the amount of $3200. This passed 7-0, so ordered.

Ordinance - First Reading - Amend City Charter - A motion was made by Fletcher, second by Councilmember Minella for an ordinance to amend article III, section 2.A(K) and article VII, section 10 of the City Charter (Building Inspector); intent to remove the political appointment of building inspector and hire a building inspector. Councilmember Moore thought this ordinance places more staff in the Inspections Dept. It was responded to Fletcher that the first ordinance for this was passed in July 1998. Fletcher said either it didn't pass 7-0 or someone objected because it went to the voters and failed. He felt it didn't pass because it got caught in the menagerie of the Charter change and there wasn't an advocate for it. He asked for council's support. He stated his support because building instructions have changed; training is needed, expenses were paid and then the person leaves. It won't extend the staff. He said the position name will change from Building Inspector to Code Official II--a hired position and carried over to the next term of council. Harris supported it, saying the city has lost building inspectors over the years and recently; it's an important position, the politics of appointment no longer belong. Time and money is invested. He said living in four year windows makes it difficult to get someone to fill it. Harris explained if he is defeated when he runs again for mayor, a new person would probably be put there. He encouraged council's support, saying it's difficult for someone to replace them in the middle of a term. 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 No

Councilmember Kondik Yes

Councilmember Cline Yes

Councilmember Fletcher Yes

The ordinance passed first reading by a 5-2 vote. Harris explained it passed first reading but would go on the ballot.

Resolution - WAARS Membership - A motion was made by Councilmember Kondik, second by Councilmember Fletcher to adopt a resolution to authorize contribution of $5,000 to Weirton Area Ambulance and Rescue Squad for club membership for city employees. This passed 7-0, so ordered.

Resolution - Subsurface Investigation - A motion was made by Councilmember Cline, second by Councilmember Minella to adopt a resolution to enter into contact with August Environmental, Inc., P.O. Box 781, Morgantown, WV in the amount of $24,876 for additional subsurface investigation at 4500 Freedom Way. Councilmember Moore noted money has been spent on it, the property was sold $75,000. He asked if they could get out from it. He asked for the amount of money being invested. Councilmember Cline said past councils must have ignored their responsibility, saying the clean water act is costing the city but it has to be cleaned. Cline stated Moore could choose not to vote for it. Moore said it wasn't his doing, saying he had voted against selling the property at the time and had no jurisdiction over whatever was underground at the time. Brae Bryant stated it doesn't matter who owns the property, it's the city's tanks underground.

Harris explained his problem with the DEP is there's other tanks within the city, and the city was given the cold shoulder when asking they be addressed. He said past owners of service stations should also be mandated to take care of theirs. Jerry noted he's a Weirton resident and agreed with Harris. Harris said when the city tried to address it, they were told to split the cost. Jerry knew where Harris was referring, saying he worked for James White when Patty Hickman was an inspector in Wheeling but she is now on the other side; they can't prove who has ownership of the tanks. He said the WV law on tanks is written like the federal law and can't go any stricter but said the EPA is now working there. This passed 7-0, so ordered.

EXECUTIVE SESSION - A motion was made by Councilmember Fletcher, second by Councilmember Mitchell for a request by the city manager to convene into an executive session consistent with West Virginia Code 6-9A-4 to discuss personnel and or possible litigation.

Council reconvened at 8:43 p.m. Councilmember Moore did not reconvene with council.

APPOINTMENTS TO BOARDS AND COMMISSIONS - Planning Commission

A motion was made by Councilmember Ash, second by Councilmember Fletcher to appoint Burl Anderson, 124 Kathleen Way for a term of 7/8/02 - 6/30/05. This passed 6-0, so ordered.

A motion was made by Councilmember Cline, second by Councilmember Minella to reappoint Beth Gaughan, 205 Sharon Drive for a term of 7/8/02 - 6/30/05. Councilmember Fletcher noted Gaughan is the administrative's appointment. This passed 6-0, so ordered.

A motion was made by Councilmember Minella, second by Councilmember Kondik to reappoint John Porco, 3036 Elm Street for a term of 7/8/02 - 6/30/05. This passed 6-0, so ordered.

A motion was made by Councilmember Kondik, second by Councilmember Fletcher to reappoint Jeri Bankides, 1107 Barone Drive for a term of 7/8/02 - 6/30/05. This passed 6-0, so ordered.

Councilmember Fletcher reminded the record reflect that Councilmember Moore was not present.

ADMINISTRATIVE REPORTS - Park Board - Councilmember Mitchell commented there's going to be a study on the playgrounds; four in his ward are in bad shape; he asked something be done with them. He said there's a petition circulating by a neighborhood about their playground. He said children won't use the playgrounds if it's not repaired. Councilmember Cline informed he spoke with Terry Weigel; the board is looking for a consultant to have the study done by the end of the year. Cline said part of it is a census report; Weigel is getting a price for a consultant to study the playground. Cline said Weigel knows his budget. Mitchell said he had spoken with Weigel and the Board about the playgrounds.

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

ADJOURNMENT - With no further business before this the July 8, 2002 Regular Session of the Common Council of the City of Weirton, the meeting was adjourned at 8:50 p.m.