A meeting of the Common Council of the City of Weirton, Hancock and Brooke Counties, was held on July 9, 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, David Cline and Christopher Fletcher.

City officials in attendance: Chief Ralph Fletcher, A.D. Mastrantoni, Ed Grace, Brae Bryant, Chief Kessler Cole, Dan Mastrantoni, Gene DelGreco, Valerie Means, Joe Cicchirillo, Melissa Farley.

Mayor Dean M. Harris led the Pledge of Allegiance.

A motion was made by Councilmember Minella, second by Councilmember Moore to approve the minutes of the June 11, 2001 Regular Session and the June 18, 2001 Special Session. This passed 6-0, so ordered.

Councilmember Cline said he attended the Fourth of July fireworks, saying it was the best show the city has had in many years. He suggested sending a letter to the company. Harris said a letter will be sent, saying Joe Cicchirillo has already talked about it. Councilmember Fletcher stated he's mentioned it before and would like to see fireworks for the yearly symphony concert.

George Myers discussed the bridge to Martina Street, next to the FOP grounds needs dedicated; its deteriorating. He discussed the increased traffic due to the gunfire range and fishermen. Councilmember Minella asked whether Martina and the bridge belong to the city. Myers said the city has patched it occasionally. Brae Bryant said it hasn't been patched for at least the last five years. Councilmember Cline suggested researching if it's the city's bridge and a public road. He explained motorists can't use it if it's a private lane. Myers said his father-in-law and others built the bridge in 1965; it's a public through-way; five families live there. He had a petition, saying more signatures are needed if a petition is required. Harris suggested the city research the bridge and council can make any decisions. He expressed concern that the bridge may have been built by someone other than the city, saying the city attorney is on vacation but the city will research it and notify Myers of their findings. Myers said it would greatly help those residents. Harris asked him if there were any plans regarding the bridge when it was constructed. A woman responded she didn't know.

Vince Oliver, Heights Street discussed there's still traffic on Heights Street, saying something is going on all the time. He said the reports are in and 90% of the people are driving 35-40 mph; some 50-60 mph. He said he was told that if the report showed this, something would be done, saying he's here to ask if what would be done about Heights Street. He discussed taking numerous videos, saying he has a lot of data. He said the police stopped 68 cars during two weeks for speeding but no one ticketed; 42 were stopped twice, 11 stopped three times and two didn't have drivers licenses. Oliver said its time to do something before school starts, saying for it to be done before it goes to court. He said it will go to court, saying he's been told he has a case.

Councilmember Cline said if there's going to be legal action, the discussion will be over. Oliver said he didn't say there would be legal action but that he's requesting council to do something. Cline suggested the city attorney be notified since legal action is being threatened. Oliver said there's been no legal action taken, saying Cline isn't doing his job. Oliver said he is doing Cline's job, saying Cline is supposed to represent the people on Heights and in the ward but isn't doing it. Harris stated he wouldn't let Oliver chastise Cline. Oliver said other Councilmembers such as George (Ash) have done studies. Cline explained talking to neighbors, saying Oliver doesn't know how to be real truthful.

Ash clarified that he takes a member of the administration with him because its that person's job. Harris said the city would keep looking at the problem and trying to resolve it. He said it seems Oliver doesn't think its resolved until Oliver says its resolved. Harris discussed receiving more calls of Oliver filming. He thought this might be the reason for some of the numbers, saying the motorists see Oliver and speed up. He wasn't sure if Oliver is perpetrating the problem. Harris said council and himself do the work needed and examine the results. He said the city has tried different things in the high school area with patrol cars, saying it's a difficult problem to resolve. He said he isn't so sure the city will ever solve it to Oliver's satisfaction.

Oliver said 68 cars were stopped and had to be speeding. Harris said they could've been stopped for anything. Oliver asked why tickets aren't being written to speeders, saying Harris always stated to stop it is to write tickets. Oliver said its on video. Harris said they would take with the Chief of Police. Oliver said the surveys taken by the state/BHJ have resulted that its been what he's been saying for the last 10 years.

Louis Bernardi, 151 Hindman Lane explained he's requesting to park in front of his house, explaining there's a no parking zone for 14 years. He admitted to parking there but never abusing it, saying he hoped it would slow the cars. He said he and his neighbors have seen motorists turning from Potomac on Hindman at high speeds. He explained there's been no accidents involving people or animals but speeding is a concern. He said Hindman is a main artery. He said years ago, it was narrow at the turn and he's assumed that's why there's a yellow line. He explained doing engineering for the city years ago and the narrowness was widened and the need for restricted parking wasn't needed. He said he has room to make more parking on his property but the point is a street safety issue. He explained worrying his child might be able to open the door and onto the street. Bernardi had pictures, stating that the Traffic Commission agreed with him unanimously.

Harris asked if he were speaking about repealing the original ordinance and restrict parking from 152-155 Hindman. Bernardi said he would like to see parking from 151-147 Hindman. Councilmember Ash asked about the neighbors at 152-155. Bernardi said the Swigers and Holmes live there and they've read about it in the newspaper. Bernardi said his other neighbor favors the idea for in front of his house. Bernardi said he understood the ordinance had to be re-written differently. Councilmember Mitchell said its rescinding one ordinance. Bernardi showed him the pictures. Harris explained the ordinance is being rescinded and the other ordinance is keeping the no parking zone from 152-155 which opens the parking from 147-151 Hindman. Councilmember Moore said he's told Bernardi that he opposes this because of the grade, saying it's a dangerous area. Moore said he had originally proposed the no parking for the narrowness of the street and turn. He felt it would be dangerous to repeal the ordinance. Moore said when there's a grade, the city should provide a safety factor.

Councilmember Minella reported that he and Councilmembers Kondik and Moore were present Thursday. He said under New Business, item #1, he and Kondik favored it while Moore opposed. He said the committee recommended items 2, 7, and 10 were unanimously favored.

A motion was made by Councilmember Ash, second by Councilmember Moore to authorize ordinance 1320 to repeal ordinance 749, authorize appointment of Deputy Municipal Clerk and adopt a new ordinance regarding the authority to issue warrants for arrest, administer oaths and to accept and approve of sureties and bonds. This passed 6-0, so ordered. Harris commented under "appointments" the city manager will submit the names for the positions.

A motion was made by Councilmember Fletcher, second by Councilmember Cline to authorize ordinance 1321, authorizing the transfer of city property o the Weirton Housing Authority. Cline said he was critical last time because the Authority had no representation. He requested they speak since they're present to explain the project. Ann Jackson said the property has to be transferred to the Housing Authority; they're trying to apply for funds and they want to build a homeless shelter which the Authority would keep open and maintain. She explained they will work with social services and the families for a time frame on how long they can stay and get them back in the community. This passed 6-0, do ordered.

A motion was made by Councilmember Minella, second by Councilmember Cline to adopt a resolution to enter into contract with Anderson Equipment, Bridgeville, PA in the amount of $27,747 for purchase of a 52 inch double drum vibratory roller for Public Works Dept. Councilmember Moore asked if they have been renting a roller. Bryant responded that they have for the last three years they've rented a roller for the patch and pave program. Moore asked if this is the same piece of equipment. Bryant said they would rent whatever was available at the time--a variety of rollers. Moore said a roller has been rented for $900 a month. Bryant said that roller was used for patching, explaining that it didn't meet the depts. needs. He explained a roller like this on the agenda would cost between $1500-1700 a month to rent. This passed 6-0, so ordered.

A motion was made by Councilmember Minella, second by Councilmember Fletcher to adopt a resolution to enter into contract with August Environmental, Inc, Morgantown, WV in the amount of $11,141 ($2,639 for quarterly sampling; $8,502 for site assessment) at Freedom Way underground storage tanks. Fletcher asked what the process is now. Jerry Miller explained its two parts, saying he was with James White C. and removed the tanks from the Morelli property, did some site assessment but never completed the assessment. He explained in 1997, ground water contamination was found. He said the city has to show the vertical and horizontal extent of contamination, saying they're proposing testing five different areas to determine any impact. He said quarterly sampling in accordance with state law is to sample the wells every quarter and to bring council a report. Fletcher asked if this would end in a year and a half or so. Miller explained it would be about a year; the site assessment is done first because it could lead to something different. He said he anticipates everything should be fine but there's some filter water into the creek. This passed 6-0, so ordered.

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: Katherine Schochow 376 Pennsylvania Avenue, in the amount of $4,500. Councilmember Fletcher asked why there is a section for a notary on the bottom of the resolution. Dan Mastrantoni explained he believed it is there so the resolution can be notarized for placing the lien with the county. This passed 6-0, so ordered.

A motion was made by Councilmember Minella, second by Councilmember Ash to adopt a resolution to place a lien against real properties for costs incurred in demolition of unsafe properties: Rosie Brewer 155 Patterson Road in the amount of $2,500. This passed 6-0, so ordered.

A motion was made by Councilmember Ash, second by Councilmember Minella, to adopt a resolution to place a lien against real properties for cost incurred for demolition of unsafe properties: Kevin Chandler 3204 Orchard Street in the amount of $5,400. This passed 6-0, so ordered.

Harris read where the resolution stated Weirton Health Care, Inc. has agreed to widen the section where Sarah intersects with N. 24^th Street to 21 feet and to do the grading, site preparation and install gravel base; Public Works will supply the workforce and equipment for widening the street. A motion was made by Councilmember Minella, second by Councilmember Cline to adopt a resolution authorizing paving and site preparation work on Sarah Street. Councilmember Ash asked if this was the street discussed before with site assessment. Harris said it was discussed and it was recommended for the other side of it. Cline said there wasn't at the time a right of way or agreement for the 21 feet but now its up to Mr. Serra. This passed 6-0, so ordered.

A motion was made by Councilmember Moore, second by Councilmember Fletcher to adopt a resolution to approve an escrow account of $95,500 for an extension of Sarah Street and authorizing the city manager to sign said account pending Planning Commission approval. Councilmember Fletcher pointed out the amount of $95,050 is not the same as the previous resolution. Harris corrected it was a typo. Gene DelGreco said it should be$95,500. Councilmember Cline asked about a time frame. DelGreco said it guarantees the road will be built; there won't be any permits until the road is built and it can be started at any time or held off. Cline stated he was comfortable with Mr. Serra completing the work on the project, saying it's a good way to go about it, but there should be a time frame. He said he didn't feel it would happen in this situation. This passed 6-0, so ordered.

Harris said this would bring the city up to the state code level; its done every year. Harris said it couldn't be done on emergency reading. A motion was made by Councilmember Moore, second by Councilmember Ash for an ordinance to amend article 331.01 of the code of the City of Weirton. Harris informed Farley that it would have to go on the next agenda for second reading. This passed first reading 6-0, so ordered.

A motion was made by Councilmember Cline, second by Councilmember Ash to adopt a resolution to declare support to apply for a West Virginia Division of Natural Resources Recycling Grant. Brae Bryant explained sanitation did a study; many recycling containers are needed and they would like to restock the containers. He said the second part calls for in-house recycling of paper products. Cline asked about charging for the blue containers to they can always be restocked. Bryant said its not a stipulation of the grant but can be done with the government body. Councilmember Moore asked about matching funds. Bryant responded no. Councilmember Ash said he once inquired about buying a new container and was told the charge is $7. He said he bought a container for much less elsewhere. He said thus, the city does charge for replacements. This passed 6-0, so ordered.

Harris said he and the mayors of Wheeling and Steubenville and the city managers have been meeting for months to create economic benefits in the Valley. He said through discussions, they chose to attack the Silicon Valley in California.. He discussed a meeting in Oglebay where 31 mayors attended and discussed a marketing campaign developed through Wheeling's Marketing Manager. He said Wheeling contacted the Silicon Valley and there's a desire to look at the Ohio Valley. He said the initial cost of marketing was $30,000 with $5,000 from Weirton, Wheeling and Follansbee; money will also come from the development fund that was set for the Pennsylvania Fashions at the Business Park. He asked for council's support. A motion was made by Councilmember Moore, second by Councilmember Cline to adopt a resolution to authorize contribution of $5,000 to the Ohio Valley Mayor's Consortium with a plan to market the Ohio Valley for possible economic development. This passed 6-0, so ordered. Harris thanked council for their support.

Terry Weigel explained two years ago money was allocated to the Northern Panhandle for a project that never developed and he contacted Senator Bowman; the money was given to Hancock County Commission. He said it would be applying for the funds to be reallocated for Starvaggi Pool for the filter system and renovations. Councilmember Ash about matching funds. Both Weigel and Harris said there's no matching funds for the legislative digest funds. A motion was made by Councilmember Ash, second by Councilmember Fletcher to adopt a resolution for application of WV Legislative Digest Funds with the Hancock County Commission at funds of $20,000. This passed 6-0, so ordered.

Councilmember Moore No

Councilmember Ash No

Councilmember Cline Yes

Councilmember Fletcher Yes

Councilmember Mitchell Yes

The ordinance passed first reading by a 4-2 vote, so ordered.

A motion was made by Councilmember Minella, second by Councilmember Cline for an ordinance to prohibit parking between 152 and 155 Hindman Lane on both sides of the street. A roll call vote was taken with a yes is in favor, a no is opposed:

Councilmember Moore Yes

Councilmember Ash Yes

Councilmember Cline Yes

Councilmember Fletcher Yes

Councilmember Mitchell Yes

Councilmember Minella Yes

This passed 6-0, so ordered.

Councilmember Ash motioned to suspend Roberts Rules of Order to make an addition to the agenda. This was second by Councilmember Moore. This passed 6-0, so ordered.

Ash explained there was a discussion last month of what the police chief can or can't do when off-duty police officers work under contract. He motioned for a resolution for the chief to have the authority to approve or disapprove contracts. He explained asking DiBartolomeo to put it on the agenda but couldn't because another Councilmember asked him to research contracts. Ash said the chief would enter into contract for the officers to work extra duties. Harris rephrased the resolution: to allow the chief to enter into contract for the officer working extra duties. Councilmember Minella second the motion. Chief Fletcher explained its been in effect for many years; its in the City Charter that extra jobs need city approval but not every detail has extra jobs. He said its always come to the chief's office. Councilmember Cline agreed, but said DiBartolomeo should word it. Harris said if its already been standard practice and in writing, its in effect now. Ash agreed, saying if an officer does an extra duty with the chief's approval but if council doesn't approve this resolution, it takes the authority away from the chief. He discussed asking Joe Cicchirillo about it before the meeting, saying a resolution is only council's wishes and not law.

Moore said he didn't mind officers having extra duties but didn't want any additional costs to the city such as use of city vehicles and gasoline. Moore said he would like to know the details of any contracts. Chief Fletcher explained the vehicles being used are owned by the FOP; the city picks up the cost of insurance. He said the car can be taken away for other use and it has happened in the past when a cruiser was out of commission; the FOP owns two cars. Moore asked if the blazers are being used. Fletcher didn't understand. Harris told Fletcher that Moore was referring to the four-wheel drive vehicles. Fletcher said the 4x4 was given free by the army; the other, the city bought and might have been used to relieve another officer temporarily.

Ash explained Joe DiBartolomeo has said the extra detail cannot be approved by the chief without a written contract. Ash didn't think this was needed, saying the chief can make a decision. Councilmember Fletcher requested information on DiBartolomeo's position, saying he didn't understand the information. Moore motioned to table the verbal resolution. This failed a lack of a second to the motion. The verbal resolution passed 5-1 with Councilmember Moore dissenting, so ordered.

Harris wanted to add an executive session under the Suspension of Roberts Rules to discuss the court hearing on the municipal service fee. A motion was made by Councilmember Ash, second by Councilmember Minella to convene into executive session. This passed 6-0, so ordered.

Council reconvened at 8:25 p.m.

Harris said Dan Felton and Diane Barr would be voted on to appoint as deputy clerks. A motion was made by Councilmember Minella, second by Councilmember Ash to appoint Felton and Barr to the positions of Deputy Municipal Court Clerks. This passed 6-0, so ordered.

Harris said council should have received the complaints the department received.

Councilmember Ash inquired about the meeting with the volunteer fire companies. Cicchirillo had met with them, saying its been agreed to discuss policies. He hoped for open communication, saying there's been changes made. Harris asked for the rough draft prior to the August meeting. Chief Cole said the paid dept had returned its changes to the city manager a few days ago. He said action can be taken as soon as the others are returned. Ash said he didn't care about the SOP's, saying Cole is the expert to do this. Cole explained SOP--Standard Operating Procedures or Guidelines--include discipline, operation and use of equipment. Ash said he's tried to get council to agree that Cole should run the dept but council keeps waiting on the volunteers' SOPs. Councilmember Cline said the discipline policy needs looked at and the volunteers' comments are needed. He explained council does need a draft of the policy so they may make comment. Cole said with the city manager's permission, when they get the index and make a few corrections, council will have it. Harris requested it given to council. Harris told Ash that he didn't disagree, there's always discussions with the volunteers. He said Cicchirillo talked with them; #3 had a change in leadership and had requested the city wait for the new leadership to take over. Harris said its always been said that the volunteers are never asked to comment.

Ash asked if the chief took control of the city buildings, asking if the city will have to go through attorneys before getting the keys for the next election. He wanted Cole to have the keys. Cole discussed an agreement with Weirton Heights volunteer company that the keys would be turned over to the city attorney. Cline told Cole to retrieve the keys, asking if Ash would agree. Ash agreed. Cline said council doesn't need to vote it; its clear how council feels. Harris said council's consensus is for Cole to have the keys from the fire stations. Harris didn't feel an exchange is needed between attorneys. He said if he heard Ash and Cline correctly, the city needs to move on and get the keys for control of the buildings. Councilmember Fletcher told Cole that if the city doesn't have keys by the next council meeting, Cole is to cut the locks off and put new locks on. Cole said he will send another directive that the keys are to be turned over to him within a week. He said he would be back in front of council again since there's no mechanism to discipline someone for not turning over the keys. Ash suggested Cole take Police Chief Fletcher with him to get the keys. Cole said the proper way to do it is to take the locks off of the buildings and change them with city locks. Harris told Cole that according to council, he needs to get the keys and get control of the city's buildings.

Councilmember Ash asked what happened to city of Weirton bench infront of the VFW. Bryant said Public Works took it for repairs; three benches were taken for repairs. Harris said the benches in front of Pauline's Club are gone. Cline said they've been re appropriated. Harris thanked Weigel for the work being done in front of the Community Center.

A motion was made by Councilmember Minella, second by Councilmember Fletcher to accept the Treasurer's report and to pay the city of Weirton bills.

With no further business before this, the July 9, 2001 Regular Session of the Common Council of the City of Weirton, the meeting was adjourned at 8:40 p.m.

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